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Walton v. Court of Common Pleas, Lycoming

United States District Court, E.D. Pennsylvania
Mar 31, 2006
Civil Action No. 06-cv-1103 (E.D. Pa. Mar. 31, 2006)

Opinion

Civil Action No. 06-cv-1103.

March 31, 2006


MEMORANDUM AND ORDER


On March 14, 2006, petitioners filed the above-captioned petition in this court seeking Habeas Corpus relief. In this petition, the petitioners, Mr. and Mrs. Walton, attack a decision of the Children and Youth Services Department of Lycoming County, Pennsylvania; the Waltons allege that their children were illegally removed from their custody. The Antiterrorism and Effective Death Penalty Act of 1996 (commonly known as "AEDPA," and codified as Title 28, Sections 2241 through 2266 of the United States Code), provides that Habeas Corpus petitions may only be granted to persons "in custody." Mr. and Mrs. Walton reside in their own residence on Locust Street in Philadelphia, Pennsylvania; they are clearly not "in custody;" moreover, this court is unaware of any precedent that would allow for a party to attack a state actor's decision related to family law or domestic relations law by means of AEDPA.

Accordingly, this Day of March, 2006, it is hereby

ORDERED that this civil action is DISMISSED WITH PREJUDICE, and, it is further

ORDERED that the Clerk of the United States District Court for the Eastern District of Pennsylvania shall mark this matter as CLOSED in this court for all purposes, including statistics.


Summaries of

Walton v. Court of Common Pleas, Lycoming

United States District Court, E.D. Pennsylvania
Mar 31, 2006
Civil Action No. 06-cv-1103 (E.D. Pa. Mar. 31, 2006)
Case details for

Walton v. Court of Common Pleas, Lycoming

Case Details

Full title:ARNOLD WALTON and ELIZABETH M. WALTON, parents and natural guardians of…

Court:United States District Court, E.D. Pennsylvania

Date published: Mar 31, 2006

Citations

Civil Action No. 06-cv-1103 (E.D. Pa. Mar. 31, 2006)