Botts v. McIntosh et al

Filing 8

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: This matter is dismissed without prejudice to reassertion in the proper forum. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KIRK ANTHONY BOTTS,
Plaintiff,
v.
RYAN MCINTOSH, et al.,
Defendants.

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4:13CV3072

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On August 15, 2013, the
court conducted an initial review of Plaintiff’s Complaint. (Filing No. 6.) The court
determined that Plaintiff’s allegations that Defendants had “kidnapped [his] progeny”
did not nudge any claim across the line from conceivable to plausible. (Id. at
CM/ECF p. 3.) On the court’s own motion, the court gave Plaintiff 30 days in which
to amend his Complaint to clearly state a claim upon which relief may be granted.
(Id.)
Plaintiff filed an Amended Complaint on September 13, 2013. (Filing No. 7.)
He seeks 100 million dollars in damages from various individuals and the State of
Nebraska for their part in denying Plaintiff custody of his minor child. As this court
determined in a previous case filed by Plaintiff, this court lacks jurisdiction to
intervene in state law matters such as child custody. (See Botts v. Sheriff of Lancaster
County, et al., 8:11-cv-WKU-PRSE (D. Neb.) (dismissed without prejudice to
reassertion in the proper forum on Sept. 27, 2011).) See also Kahn v. Kahn, 21 F.3d
859, 861 (8th Cir. 1994) (The domestic relations exception . . . divests the federal
courts of jurisdiction over any action for which the subject is divorce, allowance of
alimony or child custody.”). For this reason, and for the reasons set forth in the
court’s August 15, 2013, Memorandum and Order, this matter will be dismissed.

IT IS THEREFORE ORDERED that:
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forum.

This matter is dismissed without prejudice to reassertion in the proper

2.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 7th day of November, 2013.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District
of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they
provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The
court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases
to work or directs the user to some other site does not affect the opinion of the court.

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