Sunsarri Roberts v. Jessica Culle, et al.

Summary

A magistrate judge recommends dismissal without prejudice of Sunsarri Roberts’s petition for a writ of habeas corpus seeking custody and return of her children. The recommendation concludes that the federal district court lacks subject-matter jurisdiction because the petition seeks federal review of state child-custody and parental-rights matters.

Holdings

1. Federal habeas corpus jurisdiction does not extend to a petition seeking direct federal review of state child-custody or parental-rights decisions and requesting the return or possession of children.
2. A case dismissed for lack of subject-matter jurisdiction should be dismissed without prejudice because the dismissal is not a determination on the merits.

Questions Presented

1. Whether a federal district court has subject-matter jurisdiction under the federal habeas statutes to review state child-custody or parental-rights decisions and order the return of children.
2. Whether the habeas petition should be dismissed without prejudice for lack of subject-matter jurisdiction.

Disposition

other