United States District Court, M.D. Tennessee, Nashville Division
MEMORANDUM AND ORDER
A. Trauger United States District Judge.
plaintiff, Harold Glen Hibbard, is a pre-trial detainee at
the Stewart County Jail in Dover, Tennessee. He has filed
pro se a complaint (Doc. No. 1) under 42 U.S.C.
§ 1983 and an application (Doc. Nos. 2 and 9) to proceed
in forma pauperis.
appears from the application that the plaintiff lacks
sufficient financial resources from which to pay the fee
required to file the complaint. Accordingly, plaintiff's
application is GRANTED. The Clerk will file
the complaint in forma pauperis. 28 U.S.C. § 1915(a).
is herewith ASSESSED the civil filing fee of
$350.00. Pursuant to 28 U.S.C. § 1915(b)(1)(A) and (B),
the custodian of the plaintiff's inmate trust account at
the institution where he now resides is directed to submit to
the Clerk of Court, as an initial partial payment, whichever
is greater of:
(a) twenty percent (20%) of the average monthly deposits to
the plaintiff's inmate trust account;
(b) twenty percent (20%) of the average monthly balance in
the plaintiff's inmate trust account for the prior six
the custodian shall submit twenty percent (20%) of the
plaintiff's preceding monthly income (or income credited
to the plaintiff's trust account for the preceding
month), but only when such monthly income exceeds ten dollars
($10.00), until the full filing fee of three hundred fifty
dollars ($350.00) as authorized under 28 U.S.C. §
1914(a) has been paid to the Clerk of Court. 28 U.S.C. §
plaintiff arrived at the Stewart County Jail on November 3,
2017. He was incarcerated for failing to appear to answer a
child support arrearage. Doc. No. 1 at 5-6. The plaintiff
remains confined because he was unable to make bond.
Id. at 5. The plaintiff claims that he is being
falsely imprisoned because he was wrongly assessed a child
support obligation that he has been paying “for going
on 5 years.” Id. at 7-8. He argues that
“the child is not mine.” Id. at 8. To
support his claim, the plaintiff alleges that DNA testing was
never conducted to establish paternity, another man signed
the child's (Eliziah Frazier) birth certificate and the
child bears that man's surname. Id. at 6.
“I am asking for a ruling in my favor due to my pain
and suffering, and false claims and money paid
unlawfully.” Id. at 8.
federal district court is obliged to consider matters of
jurisdiction, sua sponte if necessary. See
Hadley v. Werner, 753 F.2d 514, 516 (6th
Cir.1985). In this regard, the Supreme Court has held that a
federal district court lacks jurisdiction to entertain a
challenge to a state court decision arising out of a judicial
proceeding, even if the challenge alleges that the state
court action was unconstitutional. District of Columbia
Court of Appeals v. Feldman, 103 S.Ct. 1303, 1317
plaintiff argues that his incarceration is illegal because he
was wrongfully ordered to pay a child support obligation for
a child that is not his. Such a claim would necessarily
require the Court to review the assessment of this
obligation. Because domestic relations, including custody,
divorce, support and alimony disputes, are the primary
responsibility of the state courts, federal courts are
prevented from hearing these disputes under the
“domestic relations exception” to federal
jurisdiction. Ankenbrandt v. Richards, 504 U.S. 689,
Court, therefore, finds that it lacks the jurisdiction to
adjudicate the plaintiff's claims. Accordingly, this
action is hereby DISMISSED for lack of
subject matter jurisdiction. McLaughlin v. Cotner,
193 F.3d 410, 412 - 415 (6th Cir. 1999).
appeal of the judgment rendered herein would not be taken in
good faith. Coppedge v. United States, 369 U.S. 438,
445-446 (1962). Therefore, the plaintiff is
NOT certified to pursue an appeal of this
judgment in forma pauperis. 28 U.S.C. § 1915(a)(3).
should the plaintiff decide to file a notice of appeal, he
must either pay the Clerk of Court the full appellate filing
fee of five hundred five dollars ($505.00) or submit a new
application to proceed in forma pauperis with a certified
copy of his inmate trust account statement for the previous
six month period. 28 U.S.C. § 1915(a)(1); McGore v.
Wrigglesworth, 114 F.3d 601, 609 (6th Cir.
1997), abrogated on other grounds, LaFountain v.
Harry, 716 F.3d 944, 951 (6th Cir.
Clerk is directed to send a copy of this Order to the Sheriff
of Stewart County to ensure that the custodian of
plaintiff's inmate trust account complies with that
portion of the Prison ...