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Avier Boyen v. Liadan Boyen

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


September 20, 2012

AVIER BOYEN,
PETITIONER,
v.
LIADAN BOYEN,
RESPONDENT.

ORDER GRANTING MOTION TO DISMISS FOR LACK OF SUBJECT-MATTER JURISDICTION 9

The Court GRANTS Respondent Liadan Boyen's motion to dismiss the instant case. ECF No. 63. On December 2, 2010, the New Jersey tates district judge who initially presided over this case entered an order which, pursuant to the stipulation of the parties, dismissed with prejudice Petitioner Xavier Boyen's claim under the International Child Abduction Remedies Act, 42 U.S.C. § 11601 et 18 seq. ("ICARA"). ECF No. 33. The case presented no other federal 19 questions. Hence, with the ICARA claim dismissed, no independent 20 ground for federal jurisdiction exists. Moreover, the Court 21 declines to exercise supplementary (or "ancillary") jurisdiction in 22 the absence of a federal claim. 28 U.S.C. § 1367(c)(3). The Court 23 accordingly DISMISSES this action for lack of jurisdiction.

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20120920

© 1992-2012 VersusLaw Inc.



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