Dollen v. Dyer

• Court: District Court, District of Columbia
• Decided: November 21, 2024
• Docket: Civil Action No. 2024-2552
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

BEVERLY DOLLEN, et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. 24-2552 (UNA) ) LORA DYER, et al., ) ) Defendants. )

MEMORANDUM OPINION

This matter is before the Court on consideration of Plaintiffs’ application to proceed in

forma pauperis (ECF No. 2) and pro se Complaint (ECF No. 1). The Court GRANTS the

application and, for the reasons discussed below, DISMISSES the Complaint and this civil action

without prejudice for lack of subject-matter jurisdiction.

Beverly Dolen’s three minor children have been removed from her custody, and it

appears that Defendants, among whom are agents of Child Protective Services of West Virginia,

the children’s guardian ad litem, the children’s biological father, and a judge, played some role in

the children’s removal. Plaintiffs demand the children’s return. But the Court lacks jurisdiction.

See Ankenbrandt v. Richards, 504 U.S. 689, 703 (1992) (concluding “that the domestic relations

exception . . . divests the federal courts of power to issue divorce, alimony, and child custody

decrees”); Bennett v. Bennett, 682 F.2d 1039, 1042 (D.C. Cir. 1982) (explaining that domestic

relationship exception divests federal court of jurisdiction over “grant[ing] a divorce,

determin[ing] alimony or support obligations, or resolv[ing] parental conflicts over the custody

of their children”). Nor does this Court have jurisdiction to review, revise, or overturn any ruling

of a West Virginia court. See, e.g., United States v. Choi, 818 F. Supp. 2d 79, 85 (D.D.C. 2011)

(district courts “generally lack[] appellate jurisdiction over other judicial bodies, and cannot

1 exercise appellate mandamus over other courts”) (citing Lewis v. Green, 629 F. Supp. 546, 553

(D.D.C. 1986)). Accordingly, the Court lacks subject-matter jurisdiction and dismisses the

Complaint.

An Order is issued separately.

DATE: November 21, 2024 ANA C. REYES United States District Judge