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Frequently Asked Questions. Spread the Word. Pay It Forward. Sign up for email updates from Florida Name Change. If the complaint is deficient, the Court is required to dismiss the suit sua sponte.
Probate Court Info for Sumter County, Florida
Pardons and Paroles Bd. For example, the absolute immunity of the defendant would justify the dismissal of a claim as frivolous. Mashburn , F. Cundy , F. Erickson v. Pardus , U. Nonetheless, the Supreme Court has noted:.
To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face. Twombly , U. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. The plausibility standard is not akin to a "probability requirement," but it asks for more than a sheer possibility that a defendant has acted unlawfully.
Ashcroft v. Iqbal , U. While Rule 8 a , Federal Rules of Civil Procedure, does not require detailed factual allegations, "it demands more than an unadorned, the defendant unlawfully-harmed-me accusation. A pleading is insufficient if it offers mere "labels and conclusions" or "a formulaic recitation of the elements of a cause of action.
Plaintiff's claims arise from his ongoing Florida divorce and child custody proceedings—Case No. Specifically, Plaintiff takes issue with Judge Morley's handling of a motion filed by Ms. Killion for the temporary relocation of their minor daughter to Hillsborough County. After conducting a hearing on the motion, Judge Morley emailed counsel advising that the motion was granted and directing Ms. Killion's counsel to draft the order subject to Plaintiff's counsel's approval.
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Plaintiff objected to this email communication as improper. On August 13, , Judge Morley issued the final Order.
police-risk-management.com/order/iphone/fik-come-leggere-le.php Plaintiff alleges that Judge Morley's Order "infringes on Plaintiff's constitutional due process rights and liberty interests to parent his child;" that Judge Morley engaged in a pattern of extrinsic fraud and that Plaintiff was unable to litigate allegations of his former wife's mental illnesses and his child's well-being; that the "state court orders violate Plaintiff's due process rights under the Fifth Amendment;" that his liberty interest to rear his child as a Christian has been attacked by Judge Morley and unconstitutionally limited without due process; and that the state court orders substantially burden Plaintiff's religious exercise.
The same day she entered the above Order, Judge Morley recused herself from the case. Plaintiff alleges that subsequent judges assigned to the case, including Judge Merritt, have continued to deny Plaintiff's constitutional rights to due process of law by rendering orders that deprive his religious and parenting constitutional liberties.
Specifically, Plaintiff points to four child pick-up orders Doc. Plaintiff alleges that he has requested "de novo" review of the state's action from its inception through December of via a direct appeal to Florida Fifth District Court of Appeals, Case No. He also alleges that on April 1, he filed a petition for juvenile dependency in Hillsborough County, case number DP, challenging Judge Morley's August 13, Order.
In his Complaint, Plaintiff asserts claims under 42 U. Plaintiff seeks a permanent injunction staying Judge Morley's August 14, Order, the November 27, time-sharing modification Order, and Judge Merritt's July 10, suspension Order; 2 a declaration that the Orders violate Plaintiff's First Amendment religious and parenting liberties as guaranteed by the Fourteenth Amendment to the United States Constitution and article 1, section 9 of the Florida Constitution; 3 compensatory damages against all Defendants jointly and severally in an amount to be determined at trial; 4 punitive damages; and 5 attorney's fees and costs.
Plaintiff's claims for injunctive and declaratory relief should be dismissed under Younger v. Harris , U.
Tillis Trucking Co. The Younger abstention doctrine asks three questions: "first, do the proceedings constitute an ongoing state judicial proceeding; second, do [the proceedings] implicate important state interests; and third, is there an adequate opportunity in the state proceedings to raise constitutional challenges. Bush , F. Garden State Bar Association , U. If the answer to those inquiries is "yes," then federal courts must abstain from intervention in the ongoing, state-court proceedings.
Here, Plaintiff alleges that the state court proceedings case number DR were ongoing at the time he filed his Amended Complaint in this court. Indeed, only one day before Plaintiff filed his Amended Complaint, Judge Merritt issued his Order challenged here suspending Plaintiff's timesharing and requiring supervised visitation. Judge Merritt advised Plaintiff that he could file a motion to restore the previous timesharing arrangement, and that the Court "reserve[d] jurisdiction over the parties and subject matter to enforce this Order. Plaintiff also alleges that he filed a petition for writ of prohibition with the Fifth Circuit Court of Appeals.
Thus, Sumter County Court case number DR is an "ongoing judicial proceeding," and entertaining the relief requested by Plaintiff's Complaint would "directly interfere with" the state court proceedings by barring their continuation. See 31 Foster Children , F. As to the second question, it is well-settled that matters involving domestic relations and child custody implicate important state interests.
Davis v. Self , Fed.
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