Opinion
No. 3:05cv943.
May 16, 2005
MEMORANDUM and ORDER
Before the court for disposition is Plaintiff Linda Powell's ("Plaintiff") complaint and motion to proceed in forma pauperis. For the reasons that follow, we will dismiss this complaint pursuant to 28 U.S.C. § 1915(e).
Background
Plaintiff filed the instant pro se lawsuit on May 9, 2005. She claims that she is filing it on behalf of herself and her three sons who were removed from her custody in July of 2004, due to her testing positive for cocaine. She claims to have requested rehab over the past ten months, but been denied it. She further asserts that she has an ongoing problem of domestic abuse for which she has received no help. She claims that the defendant is failing to keep her children safe, and has rather placed them in dangerous environments that include, inter alia, shootings and illegal drugs.
Discussion
A complaint that is filed in forma pauperis is subject to dismissal pursuant to 28 U.S.C. § 1915(e), which provides:
Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that (A) the allegation of poverty is untrue; or
(B) the action or appeal —
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune from such relief.28 U.S.C. § 1915(e)(2).
In the instant case, plaintiff's complaint fails to set forth a cognizable cause of action; therefore, it shall be dismissed as frivolous. The basis of this court's jurisdiction is completely absent from the complaint. It is evident that the plaintiff is dissatisfied with the service she is being provided from the Luzerne County Children and Youth Services. She has not, however, asserted a federal cause of action against them. She cites no statute as the basis of her claim. These issues might best be handled by the state judicial system as matters of custody law and domestic relations are almost exclusively state law issues.See Elk Grove Unified School Dist. v. Newdow, 542 U.S. 1, 124 S.Ct. 2301, 2309 (2004) (explaining that it is appropriate for the federal courts to leave delicate issues of domestic relations to the state courts).
Moreover, plaintiff cannot represent her children in a proceeding before this court as she appears to be attempting to do. See Collinsgru v. Palmyra Bd. of Educ., 161 F.3d 225, 230-31 (3d Cir. 1998) (explaining that the right to proceed pro se in federal court does not give non-lawyer parents the right to represent their children in proceedings before a federal court.) Accordingly:
AND NOW, to wit, this 16th day of May 2005, plaintiff's complaint is hereby DISMISSED as frivolous pursuant to 28 U.S.C. § 1915(e)(2). The plaintiff's application to proceed in forma pauperis (Doc. 2) is granted for the sole purpose of filing the instant action. Because of disposition of this case, we find no reason to issue a certificate of appealability. The Clerk of Court is directed to close this case.