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Riofrio v. Lawal

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


September 14, 2010

JAIME RIOFRIO, PLAINTIFF,
v.
NOORA O. LAWAL, DEFENDANT.

The opinion of the court was delivered by: William J. Martini, U.S.D.J.

ORDER

This matter having come to the Court's attention sua sponte upon the filing of a complaint by Plaintiff Jaime Riofrio ("Riofrio"); the Court noting that Riofrio alleges violation of N.J.S.A.2c:13-4, a New Jersey criminal statute prohibiting interference with the custody of a minor child; the Court finding that it lacks jurisdiction to adjudicate allegations of criminal conduct brought by a private individual as opposed to a governmental entity or agency, see Stankevitch v. The SSA Local Office, 2007 WL 2221422, *2 (E.D.P.A. July 27, 2007); the Court finding that matters pertaining to domestic relations and in particular custody decrees are not appropriately heard in federal court and should be filed in state court, see Marshall v. Marshall, 547 U.S. 293, 295-96 (2006); Ankenbrandt v. Richards, 504 U.S. 689, 693-95 (1992); the Court finding that sua sponte dismissal is permissible when the jurisdictional defect is apparent on the face of the Complaint, see Ray v. Kertes, 285 F.3d 287, 297 (3d Cir. 2002); and for good cause,

IT IS on this 14th day of September 2010, hereby

ORDERED that Plaintiff's Complaint is DISMISSED WITH PREJUDICE.

20100914

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