Azaryev v. Garcia, No. 1:2020cv04419 - Document 45 (E.D.N.Y. 2023)

Court Description: DECISION & ORDER: Ilya Azaryev ("Plaintiff"), proceeding pro se, brings the present action against Edna J. Flores Garcia ("Defendant") under 42 U.S.C. § 1983 alleging rights violations in relation to a New York State Family Court ("Family Court") proceeding in which the Family Court ordered Plaintiff's child removed from his custody. Compl., ECF No. 4, at 122. Before the Court is Defendant's motion to dismiss, ECF No. 24, as well as Plaintiff 9;s motion for summary judgment, ECF No. 34. The Court hereby GRANTS Defendant's motion to dismiss, ECF No. 24, because the Court lacks subject matter jurisdiction over Plaintiffs claims against Defendant pursuant to the domestic relations exception. Given the Court's dismissal of Plaintiff's Complaint, as well as Plaintiff's failure to follow the Court's Individual Rules, the Court DENIES Plaintiff's submission titled "Motion for Summary Judgment" a t ECF No. 34. The Clerk of Court is respectfully directed to enter judgment, mail a copy of this Memorandum and Order and the judgment to Plaintiff, note the service on the docket, and close the case. So Ordered by Judge William F. Kuntz, II on 3/27/2023. (SY)