David Campeau, Jr. v. Edward Sandercock

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 21-2357 __________ DAVID FRANK CAMPEAU, JR., a natural born man and Citizen of the United States of America; CHRISTIN CAMPEAU, a natural born woman and Citizen of the Federal Republic of Germany, Appellants v. EDWARD SANDERCOCK, Prothonotary of the Court of Common Pleas of Wayne County of the Commonwealth of Pennsylvania; KATHLEEN BAUSMAN, Field Office Director of the United States Customs and Immigration Services, Philadelphia Field Office ____________________________________ On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Civil Action No. 3:21-cv-00280) District Judge: Honorable Malachy E. Mannion ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) March 28, 2022 Before: GREENAWAY, JR., PORTER and NYGAARD, Circuit Judges (Opinion filed: May 20, 2022) ___________ OPINION* ___________ PER CURIAM * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Pro se appellants David Frank Campeau and Christin Campeau appeal from the District Court’s judgment dismissing their complaint. For the reasons that follow, we will affirm. The appellants state that, in 2014, they exchanged marriage vows at a ceremony and later signed a self-generated “Certificate of Marriage” before witnesses. When appellant David Campeau tried to record the “Certificate of Marriage” with the Wayne County Prothonotary’s Office in late 2015, employees of that office told Campeau that the document could not be recorded because Campeau had not first obtained a marriage license in accordance with Pennsylvania law. Campeau sued Prothonotary Sandercock in state court, alleging that Pennsylvania’s marriage law was unconstitutional. The lawsuit was unsuccessful, as was Campeau’s subsequent appeal to the Pennsylvania Supreme Court. The United States Supreme Court denied a petition for writ of certiorari in 2018. In the meantime, Christin Campeau, who is apparently a German citizen, filed a Form I-485 to apply for permanent residence or adjust status with the United States Customs and Immigration Service (USCIS). The USCIS denied the application in April 2016 because the appellants had not entered a legally valid marriage. When she sought review of that ruling, the USCIS issued a decision on February 15, 2019, affirming that appellants had not entered a legally valid marriage under the laws of Pennsylvania. In the decision, the USCIS explained that David Campeau’s unsuccessful litigation regarding the validity of the marriage was further explanation why Christin had not established eligibility for adjustment of status. The appellants filed a complaint in federal district court against Prothonotary Sandercock and USCIS Field Office Director Bausman, 2 alleging violations of the appellants’ rights under the U.S. Constitution. A Magistrate Judge recommended granting Sandercock’s motion to dismiss the complaint on statute of limitations grounds. The appellants filed objections and Bausman filed a motion to dismiss. The District Court dismissed the complaint against the appellees in an order entered on May 18, 2021, and denied Bausman’s motion to dismiss as moot. After the District Court denied the appellants’ motion for reconsideration, the appellants filed this …

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