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Civil Rights: Other | Rhode Island
Order Dismissing Case
TEXT ORDER. In this action, purportedly brought pursuant to 42 U.S.C. § 1983, the plaintiff complains of a series of alleged wrongs done him, all in a domestic context. He contends that his father and stepmother unlawfully manipulated records in the Bureau of Vital Statistics to remove his birth surname and replace it with Landry, their last name. Recently, after a childhood he describes as abusive, his stepmother filed a domestic violence report against him and he was charged in Family Court. He was subsequently found guilty of abuse and at some point there was a restraining order entered against him. He and his stepmother appear to live at the same address. The Complaint recites a litany of state law claims, with an attempt to achieve federal jurisdiction by alleging a violation of due process arising from the Family Court evidentiary proceeding. Mr. Landry has pending an attempt to appeal that abuse finding. SU-2025-0230. Apart from the many abstention obstacles that stand in the way of this Court exercising jurisdiction because of that pending action, the Complaint fundamentally does not state a federal claim for relief. Mr. Landry's attempt to use the Fourteenth Amendment's due process guarantee to create federal question jurisdiction is unavailing. The issues he wants to raise concerning the Family Court proceeding are properly reviewed by the Rhode Island Supreme Court, not by this Court. The case is DISMISSED pursuant to Fed. R. Civ. P. 12(h) for want of jurisdiction, and all pending Motions are DENIED as moot.. So Ordered by District Judge Mary S. McElroy on 8/14/2025. (Potter, Carrie)
Judgment
JUDGMENT enters in accordance with the Text Order of 8/14/2025. So Ordered by District Judge Mary S. McElroy on 8/14/2025. (Potter, Carrie)
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