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finding that the court did not have subject matter jurisdiction over ex-husband's claim to have his name removed from loans held jointly with his ex-wife because the claim was "matrimonial in nature" as it was grounded in his ex-wife's purported violation of a state court order for temporary support and state court final judgment of divorce
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No. 08-6111-cv.
February 1, 2010.
UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the case is DISMISSED for lack of jurisdiction.
Kenrick Hamilton, Alexandria, VA, pro se.
No Appearances, for Appellee.
PRESENT: WALKER, CHESTER J. STRAUB, DEBRA ANN LIVINGSTON, Circuit Judges.
SUMMARY ORDER
Appellant Kenrick Hamilton, pro se, appeals the district court's (Telesca, J.) sua sponte dismissal of his complaint for lack of subject matter jurisdiction. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
We dismiss Hamilton's appeal for want of subject matter jurisdiction. "`It is a fundamental precept that federal courts are courts of limited jurisdiction' and lack the power to disregard such limits as have been imposed by the Constitution or Congress." Durant, Nichols, Houston, Hodgson, Cortese-Costa, P.C. v. Dupont, 565 F.3d 56, 62 (2d Cir. 2009) (quoting Owen Equip. Erection Co. v. Kroger, 437 U.S. 365, 374, 98 S.Ct. 2396, 57 L.Ed.2d 274 (1978)). Hamilton's complaint suggests no basis for federal question jurisdiction, as he is not suing under the Constitution or any federal laws. See 28 U.S.C. § 1331. Nor has Hamilton pled any basis for a federal court to exercise diversity jurisdiction in the matter because, although Hamilton and the defendant are alleged to be diverse in citizenship, Hamilton failed to plead any amount in controversy, let alone an amount in excess of $75,000. See id. at § 1332(a)(1); see also Lupo v. Human Affair Int'l, Inc., 28 F.3d 269, 273 (2d Cir. 1994) ("[T]he party asserting diversity jurisdiction in federal court has the burden of establishing the existence of the jurisdictional amount in controversy."). In fact, it appears that Hamilton is not seeking to recover any money damages exclusive of costs and fees; rather, the gravamen of his complaint is that he wishes to have the district court remove his name from joint loans with his ex-wife that have gone into default, so as not to jeopardize his employment with the Department of Homeland Security.
Finally, remand to the district court so that the pro se plaintiff may amend his pleading is not appropriate in the circumstances of this case. Even to the extent that Hamilton's complaint could be amended to include the requisite amount in controversy and abandon the claims of child support and visitation rights, under the facts pled, his remaining claim seeking to have this Court remove his name from loans held jointly with his wife would be precluded by the domestic relations doctrine exception to the court's jurisdiction. Under this exception, federal courts are divested of jurisdiction in "cases involving the issuance of a divorce, alimony, or child custody decree," Ankenbrandt v. Richards, 504 U.S. 689, 704, 112 S.Ct. 2206, 119 L.Ed.2d 468 (1992), and should further abstain from exercising jurisdiction over cases "on the verge" of being matrimonial in nature, Amer. Airlines v. Block, 905 F.2d 12, 14 (2d Cir. 1990) (per curiam). Hamilton's request to have a federal court remove his name from jointly-held loans is grounded in his ex-wife's purported violation of a New York state court Order for Temporary Support and a New York state court Final Judgement of Divorce, both of which, in addition to assigning responsibility for outstanding loans and debts, distribute marital property and provide for child custody arrangements and child support. The obligation that Hamilton seeks to enforce is thus "matrimonial in nature" and is best left to the "greater interest and expertise of state courts in this field." Id.; see also McLaughlin v. Cotner, 193 F.3d 410, 411, 413-14 (6th Cir. 1999) (refusing jurisdiction under the domestic relations exception in case where wife sought to enforce divorce decree requiring husband to sell jointly-owned real estate).
We conclude that this Court lacks subject matter jurisdiction over this case, and it is thus
DISMISSED.