Kejuan of the Family Muchita v. Eileen Stack through IV-D Agency

District Court, S.D. New York·Decided January 23, 2026·No. 1:25-cv-00285·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Kejuan of the Family Muchita, Plaintiff, 1:25-cv-00285 (VSB) (SDA) -against- REPORT AND RECOMMENDATION Eileen Stack through IV-D Agency,

Defendant. STEWART D. AARON, UNITED STATES MAGISTRATE JUDGE. TO THE HONORABLE VERNON S. BRODERICK, UNITED STATES DISTRICT JUDGE: Pro se plaintiff Kejuan of the Family Muchita (“Plaintiff” or “Muchita”) brings this action under 42 U.S.C. § 1983. (Compl., ECF No. 1.) Pending before the Court is a motion by Defendant Eileen Stack (“Defendant” or “Stack”), to dismiss the Complaint pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, for lack of subject matter jurisdiction, and pursuant to Rule 12(b)(6), for failure to state a claim. (Def.’s Mot. to Dismiss, ECF No. 13.)

For the reasons set forth below, it is respectfully recommended that Defendant’s motion be GRANTED. Moreover, because it appears that this action is one among many similar actions that have been filed in district courts around the country and strikes the Court as part of a pattern of abusive and vexatious litigation, it is further recommended that an amended order of reference be entered authorizing the undersigned to conduct further proceedings to determine what, if any, sanctions are warranted. BACKGROUND Plaintiff’s Complaint contains few factual allegations and frequently is difficult to decipher. Plaintiff appears to challenge child support orders entered against him and assert

claims relating to Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq.,1 which he refers to 0F as the IV-D program or agency. (See generally Compl.) Plaintiff alleges that “STACK through the IV-D agency[,]” which he refers to as “the alone, detached and disconnected organizational unit ‘[in]’ the State responsible for supervising the administration of the IV-D plan under IV-D of the [Social Security] Act[,]” “gave orders to IV-D personnel to succeed Plaintiff, (the devolution of my title of man to property under the law of descent and distribution) . . . to the status of non- custodial parent and thereafter circumvented the Constitution by unlawfully identify [him] as property.” (Compl. at 2 & n.3.) Citing to Genesis 1:26, Plaintiff further alleges that “[c]onstitutionally, man is by nature equally free and independent from which any faction of any governments just power requires [his] consent as contradistinguished to a 42 U.S.C. § 666(a)(3)(C) non-custodial parent that is in fact property and possesses no rights what soever

[sic].” (Id. at p. 3.) Thus, Plaintiff appears to contend that Stack violated the Constitution by giving orders resulting in him being deemed a non-custodial parent that has no rights. (Id. at pp. 2-3, 6.) Plaintiff also alleges that his “[p]articipation” in the IV-D [p]rogram is [i]nvoluntary” and that he served Stack with a “Notice of Termination of Involuntary Participation” on January 8,

1 Title IV-D requires participating states, “[a]s a condition to receiving federal funding . . . to maintain uniform standards for determining child support obligations and establish support enforcement programs.” Tompkins Cnty. Support Collection Unit ex rel. Chamberlin v. Chamberlin, 99 N.Y.2d 328, 332- 33 (2003) (citing 42 U.S.C. §§ 651-669b).) New York enacted § 413 of the Family Court Act to meet those requirements. See id. at 333. OTDA, through its Division of Child Support Enforcement, is the state agency designated to supervise the New York State child support program. (See Def.’s Mem. at 2.) 2025 to terminate his involuntary participation in Title IV-D, but that Stack refused to do so in violation of his constitutional rights under the First, Fourth, Fifth, Seventh, Thirteenth and Fourteenth Amendments, including his right not to associate with the Title IV-D program and his

right against slavery and involuntary servitude. (Compl. at pp. 3-6, 9-11.) Plaintiff appears to contest the constitutionality of the IV-D program by alleging that Title 42 of the U.S. Code “has never been enacted into positive law.” (Id. at p. 5.) Plaintiff seeks ten million dollars in compensatory, punitive and other damages, as well as termination of his “involuntary participation in the IV-D program with zero-dollar amount of arrears, including removal from [his] credit history, and a full refund of $62,000 at 6% interest for monies exacted from [him].” (Id. at

p. 7.) PROCEDURAL HISTORY Plaintiff filed the Complaint in this action on January 13, 2025. (See Compl.) On May 12, 2025, Defendant filed the motion to dismiss that is now before the Court, along with a memorandum of law and a declaration of Elizabeth McGeough Gamache, the Bureau Chief of

Program Operations of the Division of Child Support Services of the New York State Office of Temporary and Disability Assistance (“OTDA”). (Def.’s Mot. to Dismiss, Def.’s Mem., ECF No. 14; McGeough Gamache Decl., ECF No. 15.) Plaintiff filed his opposition on June 30, 2025, along with a declaration. (Pl.’s Opp., ECF No. 20; Pl.’s Decl., ECF No. 21; see also Pl.’s 7/7/25 Ltr., ECF No. 23.2) On July 14, 2025, Defendant filed a reply memorandum in support of her motion to dismiss. 1F (Def.’s Reply, ECF No. 24.)

2 Due to a technical issue, the exhibits attached to Plaintiff’s declaration were not filed along with the declaration. (See Pl.’s Decl.; Pl.’s 7/7/25 Ltr. at 1.) Plaintiff later filed the exhibits as part of his July 7, 2025 Letter. (See Pl.’s 7/7/25 Ltr. at PDF pp. 5-14.) RULE 12(b) LEGAL STANDARDS “A case is properly dismissed for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) ‘when the district court lacks the statutory or constitutional

power to adjudicate it.’” Equan Yunus, Sr. v. J. Lewis Robinson et al., No. 17-CV-05839 (AJN), 2019 WL 168544, at *3 (S.D.N.Y. Jan. 11, 2019) (citing Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000)). “In resolving a motion to dismiss under Rule 12(b)(1), the district court must take all uncontroverted facts in the complaint (or petition) as true, and draw all reasonable inferences in favor of the party asserting jurisdiction.” Tandon v. Captain’s Cove Marina of Bridgeport, Inc., 752 F.3d 239, 243 (2d Cir. 2014). “But ‘[w]here jurisdictional facts are placed in dispute, the court

has the power and obligation to decide issues of fact by reference to evidence outside the pleadings, such as affidavits.’” Id. (quoting APWU v. Potter, 343 F.3d 619, 627 (2d Cir. 2003)). “In that case, the party asserting subject matter jurisdiction has the burden of proving by a preponderance of the evidence that it exists.” Id. (citing Makarova, 201 F.3d at 113). To survive a motion to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b)(6), a complaint must “contain sufficient factual matter, accepted as true, to

Free access — add to your briefcase to read the full text and ask questions with AI

Kejuan of the Family Muchita v. Eileen Stack through IV-D Agency, (S.D.N.Y. 2026).

Kejuan of the Family Muchita v. Eileen Stack through IV-D Agency (Kejuan of the Family Muchita v. Eileen Stack through IV-D Agency) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

McCarthy v. Dun & Bradstreet Corp.
482 F.3d 184 (Second Circuit, 2007)
Schulz v. United States Federal Reserve System
370 F. App'x 201 (Second Circuit, 2010)
Mamot v. Board of Regents
367 F. App'x 191 (Second Circuit, 2010)
Rooker v. Fidelity Trust Co.
263 U.S. 413 (Supreme Court, 1924)
Estelle v. Gamble
429 U.S. 97 (Supreme Court, 1976)
District of Columbia Court of Appeals v. Feldman
460 U.S. 462 (Supreme Court, 1983)
Pennhurst State School and Hospital v. Halderman
465 U.S. 89 (Supreme Court, 1984)
Kentucky v. Graham
473 U.S. 159 (Supreme Court, 1985)
Thomas v. Arn
474 U.S. 140 (Supreme Court, 1986)
Erickson v. Pardus
551 U.S. 89 (Supreme Court, 2007)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Polur v. Raffe
912 F.2d 52 (Second Circuit, 1990)
Hill v. Curcione
657 F.3d 116 (Second Circuit, 2011)
Natalia Makarova v. United States
201 F.3d 110 (Second Circuit, 2000)
Parent v. New York
485 F. App'x 500 (Second Circuit, 2012)
Remy v. New York State Department of Taxation & Finance
507 F. App'x 16 (Second Circuit, 2013)