Russell et al v. Sanilac, County of et al

Filing 11

ORDER DISMISSING DEFENDANTS PATRICK QUINTANO, SR. AND JEANETE TROPF-QUINTANO AND DISMISSING re 4 Order to Show Cause. Signed by District Judge Lawrence P. Zatkoff. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DEBORAH K. RUSSELL, et. al.,
Plaintiffs,
Case No. 14-13134
Hon. Lawrence P. Zatkoff

v.
SANILAC COUNTY, et. al.,
Defendants.
_______________________________________/

ORDER
On August 14, 2014, Plaintiffs filed this action against Defendants alleging several violations of
the United States Constitution. Although Plaintiffs named several state-actors as Defendants, they also
named two Defendants who are not identified as state-actors: Patrick R. Quintano, Sr., and Jeanette
Tropf-Quintano. Plaintiffs’ complaint does not provide legal authority for the proposition that their
constitutional claims are applicable to the non-state-actor Quintano-Defendants (the “QuintanoDefendants”). Therefore, on September 8, 2014, the Court ordered Plaintiffs to show cause as to whether
this Court has jurisdiction over the Quintano-Defendants. In their response to the show cause order,
Plaintiffs contend the Court has subject-matter jurisdiction over the Quintano-Defendants pursuant to 28
U.S.C. § 1331 on the grounds that they conspired with the state-actor Defendants when they “were given
authority of custody and care of the [minor children] by [state-actor Defendants] by means of executing a
Power of Attorney, making Quintano Defendants state actors in part.” Despite the allegations therein,
Plaintiffs’ response—like their complaint—fails to provide legal authority for the proposition that their
constitutional claims are applicable to the Quintano-Defendants.

Consequently, the Court is not

persuaded that it has subject matter-jurisdiction over the Quintano-Defendants.

Accordingly, IT IS HEREBY ORDERED that Defendants Patrick R. Quintano, Sr., and Jeanette
Tropf-Quintano, are DISMISSED without prejudice.
IT IS FURTHER ORDERED that the Court’s order to show cause [dkt 4] is dismissed.
IT IS SO ORDERED.
s/Lawrence P. Zatkoff
Hon. Lawrence P. Zatkoff
United States District Judge

Date: October 9, 2014

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