Linley v. Henson

United States District Court for the Eastern District of Arkansas

Linley v. Henson

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

BRIAN LINLEY and JONATHON MORGAN PLAINTIFFS

v. No. 4:22-cv-877-DPM

ALESHA HENSON DEFENDANT

ORDER An Arkansas circuit court judge awarded Linley and Morgan custody of their respective minor children. Henson is the mother of both children. Linley v. Henson, 69DR-21-18; Henson v. Morgan, 69DR-21-84. Henson removed both cases here, alleging the circuit judge acted with bias in each. This Court lacks subject matter jurisdiction over custody-related issues. Kahn v. Kahn,

21 F.3d 859, 861

(8th Cir. 1994). More than conclusory allegations of a denial of equal rights are needed to establish removal jurisdiction under

28 U.S.C. § 1443

. Johnson v. Mississippi,

421 U.S. 213, 219-20

(1975). And the Rooker-Feldman doctrine also bars Henson’s claim seeking review of the state judge’s decisions. Exxon Mobil Corp. v. Saudi Basic Industries Corp.,

544 U.S. 280, 284

(2005); see also Skinner v. Switzer,

562 U.S. 521

, 531–32 (2011). Henson’s application to proceed in forma pauperis, Doc. 1, and motion for a hearing, Doc. 3, are denied without prejudice as moot. The Court remands these cases to the Circuit Court of Stone County, Arkansas.

28 U.S.C. § 1447

(c). So Ordered. ATP? or SAO LE 4 D.P. Marshall Jr. United States District Judge 2 November 2022

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Reference

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