Opinion
CV-22-00754-PHX-DLR
10-11-2022
Kenneth Sachs, Plaintiff, v. Maryna Vorobyova Sachs, et al., Defendants.
ORDER
DOUGLAS L. RAYES, UNITED STATES DISTRICT JUDGE
In this case, Plaintiff sues his ex-spouse and a court-appointed expert who performed a psychological evaluation of Plaintiff for purposes of a state court custody hearing, asking the Court to enjoin his ex-spouse from moving his children out of the state. (Doc. 1.) Defendants have both moved to dismiss for lack of subject-matter jurisdiction. (Docs. 8, 18.) Those motions will be granted.
Federal courts are courts of limited subject-matter jurisdiction. This Court is empowered to hear cases between citizens of different states in which the amount in controversy exceeds $75,000 (known as “diversity jurisdiction), 28 U.S.C. § 1332, as well as claims that arise under the Constitution or federal law (known as “federal question jurisdiction”), § 1331. The Court lacks diversity jurisdiction in this case because all parties are Arizona citizens. The Court also lacks federal question jurisdiction because Plaintiff's complaint does not arise under federal law. To support federal question jurisdiction, Plaintiff cites to 18 U.S.C. § 3771(a), which is a statute detailing the rights of crime victims in federal cases. This statute has no application to this case. Instead, what Plaintiff presents to the Court is a custody dispute that properly belongs in state court.
IT IS ORDERED that Defendants' motions to dismiss (Docs. 8, 18) are GRANTED and this matter is DISMISSED for lack of subject-matter jurisdiction. The Clerk of the Court shall terminate any remaining motions and close this case.