Kelley v. Westchester County Family Court

Background

Gertrude Kelley sued the Westchester County Family Court Archives of Child/Spousal Support regarding Family Court case file number F-879-67, along with several New York defendants, including her deceased ex-husband, Charles H. Kelley. The opinion states that the underlying state-court proceedings concern Kelley’s attempts to recover spousal and child support from him. Kelley also referred to a Westchester County Surrogate Court file number and to documents concerning probate and inheritance.

Prior Proceedings

In an order dated November 20, 2023, the court dismissed the action for lack of subject-matter jurisdiction, meaning the federal court lacked legal authority to hear the claims, but gave Kelley 30 days to file an amended pleading. The court later extended her deadline. Kelley did not file an amended complaint. Instead, the court received her January 18, 2024 letter and treated it as a supplement to the original complaint. The court concluded that the letter did not establish federal jurisdiction over any claim Kelley might be asserting.

Ruling

The court dismissed Kelley’s complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). The opinion describes the claims as state-law claims and does not identify a federal basis for jurisdiction. The court also denied further leave to amend, finding that the defects could not be cured by another amendment and that Kelley had already been given an opportunity to amend.

The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying the filing fee for an appeal. Judge Laura Taylor Swain directed the Clerk of Court to enter judgment.