Paul-David et al v. Hartman et al

Filing 2

ORDER DISMISSING CASE by Judge Benjamin H Settle. (TG; cc mailed to plaintiffs)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

7
8
9

PAUL-DAVID and MARIA-JANET,
Plaintiffs,

10
11
12

CASE NO. C11-5602BHS

v.
RUSSELL HARTMAN, et al.,
Defendants.

13

ORDER DISMISSING CASE
FOR LACK OF SUBJECT
MATTER JURISDICTION

14
15
16

This matter comes before the Court on Plaintiffs’ Complaint (Dkt. 1), which is

17

purportedly based on federal question jurisdiction. The Court has reviewed the largely

18

incomprehensible Complaint. Plaintiffs have failed to adequately establish the Court’s

19

jurisdiction over the matter. Although Plaintiffs cite the Uniform Child Custody

20

Jurisdiction and Enforcement Act and the Servicemembers Civil Relief Act, they do not

21

inform the Court of how these are applicable or even if they confer federal question

22

jurisdiction over this Court in this matter. Notably, on the civil cover sheet to Plaintiffs’

23

Complaint the description of the cause of action is to “challenge [the] legality of custody

24

modification procedure and process.” Plaintiffs have not informed the Court how such a

25

cause of action would be deemed a federal question. See 28 U.S.C. 1331.

26
27

Subject matter jurisdiction may be questioned by the Court at any time, and the
Court may sua sponte dismiss a case for lack of such jurisdiction. See, e.g., 28 U.S.C.

28
ORDER - 1

1

1331 (federal question); Bender v. Williamsport Area School Dist., 475 U.S. 534, 541

2

(1986) (district courts have an independent obligation to address subject matter

3

jurisdiction sua sponte). Here it does not appear that the Court has jurisdiction over this

4

matter. While not required to do so, the Court under circumstances unique to this

5

Complaint, directs the return to Plaintiffs of the filing fee.

6

Therefore, it is hereby ORDERED that

7

(1)

8
9

matter jurisdiction;
(2)

10
11

Plaintiffs’ Complaint is DISMISSED without prejudice for lack of subject

Plaintiffs’ filing fee SHALL be returned to Plaintiffs by the Court’s
Finance Department within approximately 30 days; and

(3)

This matter is CLOSED.

12

DATED this 10th day of August, 2011.
13
14
15

A

BENJAMIN H. SETTLE
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER - 2