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Kessler v. Oregon Department of Child Welfate

United States District Court, D. Oregon, Medford Division

February 27, 2014

RANDY KESSLER; BRENDA KESSER, Plaintiffs,
v.
OREGON DEPARTMENT OF CHILD WELFATE; JOSH MILLER; JANICE VASQUEZ; BECKY FOSTERR; JENNIFER NYE; REBECCA OLSON; LISA GREIF; JUDITH BARR; MICHAEL O'CONNELL; GRETA LILLY; MICK SMITH, Defendants.

ORDER

OWEN M. PANNER, District Judge.

On February 3, Defendant Barr filed a motion to dismiss this action for lack of jurisdiction (#13). Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (#21), and the matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72 (b). Plaintiffs filed objections and I have reviewed the file of this case de novo. 28 U.S.C. § 636(b)(1)(C); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc. , 656 F.2d 1309, 1313 (9th Cir. 1981).

I have given this matter de novo review. In their Objections to the F&R (#29), Plaintiffs contend that this Court has jurisdiction because this is not an action for child custody. On February 12, however, Plaintiffs filed a motion seeking to have the state court's guardianship determination overturned and the children returned to the custody of Plaintiffs (#31). Plainly, this is a child custody matter and, as Judge Clarke determined, this Court lacks jurisdiction.

Accordingly, Defendant Barr's Motion to Dismiss (#13) is GRANTED. As no amendment can cure the deficiencies in the Amended Complaint, this matter is DISMISSED with prejudice. All other pending motions (##20, 24, 31) are DENIED as moot.

IT IS SO ORDERED.


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