TAYLOR v. HONORABLE DAVID ACKER et al
| ASHLEIGH M. TAYLOR |
| HONORABLE DAVID ACKER and ALEXANDER ROY HALLER |
| 2:2023cv01489 |
| September 5, 2023 |
| US District Court for the Western District of Pennsylvania |
| Christy Criswell Wiegand |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 REDACTION to 2 Petition for Writ of Habeas Corpus, by ASHLEIGH M. TAYLOR. (rtm) |
Filing 6
ORDER DISMISSING 2 Petition for Writs of Habeas Corpus and Emergency Return of Child. This is one of several actions brought by ASHLEIGH M. TAYLOR, pro se, concerning her minor child. See Taylor v. Lawrence County Children and Youth Services, No. 23-cv-676 (W.D. Pa. April 25, 2023); Taylor v. Lawrence County Domestic Relation Section, No. 23-cv-1321 (W.D. Pa. July 24, 2023). In this case, Ms. TAYLOR has filed a petition for a writ of habeas corpus, seeking custody of the minor child. ECF No. 2 at 2. Named as respondents are ALEXANDER ROY HALLER, the child's father, and Judge DAVID ACKER of the Lawrence County Court of Common Pleas, who awarded Mr. HALLER full legal custody and primary physical custody of the minor child in 2021. ECF No. 2-6 at 13. Ms. TAYLOR alleges that Mr. HALLER and Judge ACKER conspired to deprive her of her civil rights and alleges that the minor child has suffered physical and sexual abuse while in Mr. HALLER's custody. See generally ECF No. 2. Though not strictly material to this Order, the Court notes that Ms. TAYLOR has made similar allegations of abuse in the past, which have been investigated and found to be unsubstantiated. See, e.g., ECF No. 2-5; ECF No. 2-6 at 23. Ultimately, the Court concludes that it lacks jurisdiction over Ms. TAYLOR's Petition. "[F]ederal habeas has never been available to challenge parental rights or child custody." Lehman v. Lycoming Cnty. Children's Servs. Agency, 458 U.S. 502, 511 (1982); see Shazes ex rel. Shazes v. Pennsylvania, No. C.A. 99-1863, 1999 WL 269916, at *1 (E.D. Pa. Apr. 26, 1999), aff'd sub nom., 205 F.3d 1330 (3d Cir. 1999) ("It is axiomatic that family court domestic custody orders of minor children are not the type of custody orders to which the federal writ extends. Petitioner seeks to use the great writ to collaterally attack the shared custody arraignment imposed by the family court. Child custody is not subject to which federal jurisdiction may reach. It is exclusively a state law issue reserved to courts of the Commonwealth."). Pursuant to that rule, the Third Circuit recently affirmed a district court's dismissal of a similar action in which a parent invoked habeas in an effort to obtain custody of her children following state court proceedings in which the father was awarded sole custody. See Lee on behalf of M.C. v. Chan, No. 23-1133, 2023 WL 4758453, at *1 (3d Cir. July 26, 2023) (per curiam). Consistent with that precedent, it is HEREBY ORDERED that the Petition is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. Signed by Judge Christy Criswell Wiegand on 9/11/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
|
|
Filing 5
ORDER re #1 Motion to Seal Case by ASHLEIGH M. TAYLOR. Although filed as a Motion to Seal Case, Ms. TAYLOR's Motion requests only that "any personal identifiers be filed under seal," explaining that her filings "contains minor child information." ECF No. 1. It is HEREBY ORDERED that the Motion is GRANTED as follows: (1) the Clerk shall unseal this case; (2) in unsealing the case, the Clerk shall leave under seal ECF Nos. 2 (including the exhibits at ECF Nos. 2-1 through 2- 9) and 4, which contain information regarding Ms. TAYLOR's minor child and other protected information; and (3) the Clerk shall file on the public docket a redacted version of Ms. TAYLOR's Petition for Writ of Habeas Corpus, ECF No. 2, redacting the minor child's name in the first and last sentences of the Petition. The exhibits to Ms. TAYLOR's Petition shall remain under seal. Signed by Judge Christy Criswell Wiegand on 9/8/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
|
| Judge Christy Criswell Wiegand added. Magistrate Judge Cynthia Reed Eddy no longer assigned to case. (sms) |
| Filing 3 Filing fee: $5.00, receipt number 200005500 (jd) |
| Filing 1 MOTION to Seal Case by ASHLEIGH M. TAYLOR. (jd) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
