White et al v. Department of Child Protective Services et al

Filing 8

MEMORANDUM AND OPINION: It is hereby ORDERED as follows: 1. White's Complaint 1 is DISMISSED for lack of subject matter jurisdiction; 2. This action is DISMISSED and STRICKEN from the Court's docket; 3. A corresponding judgment will be entered this date. Signed by Judge Joseph M. Hood on 11/28/2017.(KM)cc: COR, Pltf via U.S. mail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
RUBY WHITE,

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Plaintiff,
v.
DEPARTMENT OF CHILD
PROTECTIVE SERVICES, ET AL.,
Defendants.
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Civil No. 17-439-JMH

MEMORANDUM OPINION
AND ORDER

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Ruby White is a resident of Richmond, Kentucky.

Proceeding

without a lawyer, White filed a complaint in which she names
Kentucky’s Department of Child Protective Services and multiple
social workers as defendants.

[R. 1].

The Court will dismiss White’s complaint because she has not
demonstrated that the Court has subject matter jurisdiction over
this

action.

After

all,

many

of

White’s

statements

are

unintelligible and, while White suggests that her claims arise
under the Fourteenth Amendment, it appears that she is simply
complaining about an ongoing child custody dispute.

[R. 1 at 4-

7]. The Sixth Circuit has repeatedly made it clear that “[f]ederal
courts have no jurisdiction to resolve domestic relations disputes
involving child custody.”

Partridge v. State of Ohio, 79 F. App’x

844, 845 (6th Cir. 2003) (citing Ankenbrandt v. Richards, 504 U.S.
689, 703 (1992)); see also Danforth v. Celebreeze, 76 F. App’x

615, 616 (6th Cir. 2003) (“[F]ederal courts lack jurisdiction where
the action is a mere pretense and the suit is actually concerned
with

domestic

relations

issues.”).

Thus,

the

Court

lacks

jurisdiction in this case.
Accordingly, it is hereby ORDERED as follows:
1. White’s complaint [R. 1] is DISMISSED for lack of subject
matter jurisdiction.
2. This action is DISMISSED and STRICKEN from the Court’s
docket.
3. A corresponding judgment will be entered this date.
This 28th day of November, 2017.

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