Wilson Baquero v. Jennifer Mendoza

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 19-3607 __________ WILSON K. BAQUERO, Appellant v. JENNIFER MENDOZA; FLORIDA DEPARTMENT OF REVENUE; CHRISTINE TARDIF, Senior Probation Officer; JUDGE ARTHUR M. BIRKEN; KONSTANTIN FELDMAN; JUDGE LINDA MALLOZZI; JUDGE THOMAS K. ISENHOUR ____________________________________ On Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. 18-cv-15081) District Judge: Honorable Kevin McNulty ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) July 24, 2020 Before: JORDAN, BIBAS, and PHIPPS, Circuit Judges (Opinion filed: September 16, 2020) ___________ 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. Wilson K. Baquero appeals the order of the United States District Court for the District of New Jersey granting the appellees’ motions to dismiss his complaint. We will affirm. Because the parties are familiar with the proceedings and the record, we will not recount all of the details here. To summarize, Baquero’s complaint relates to state court rulings in Florida and New Jersey concerning his child support obligations. Judge Arthur M. Birken presided over the child support case in Broward County, Florida. In 2012, Judge Birken found that Baquero was $6,890 in arrears and ordered a $266 per month payment going forward. More recently, Baquero has been litigating the enforcement of his child support obligation in the New Jersey state courts. In 2018, New Jersey Chancery Court Judge Thomas K. Isenhour issued an order stating that Baquero was $22,132.39 in arrears. Judge Isenhour also denied Baquero’s application to dismiss enforcement of his child support obligations. Baquero then filed his federal complaint, attaching numerous state court documents as exhibits, and invoking the United States Constitution. He alleged that he has been deprived of his property to the point of homelessness. As relief, he sought dismissal of his child support cases, refund of his child support payments, $10,000 in damages from Judge Isenhour, an additional $10,000 from “the County,” and a share of federal incentive funds. 1 He named as defendants Judge Birken, the Florida Department of Revenue, and New Jersey state defendants Judge Isenhour, Judge Linda Mallozzi, 1 It appears from Baquero’s brief that his demand relates to state funding originating from Federal Child Support Enforcement Program statutes. 2 Senior Probation Officer Christine Tardif, and Child Support Hearing Officer Konstantin Feldman. Baquero also named as a defendant Jennifer Mendoza, the mother of Baquero’s child. Judge Birken, the Florida Department of Revenue, and the New Jersey state defendants filed motions to dismiss the complaint. By opinion and order entered August 6, 2019, the District Court analyzed the complaint as a civil rights action under 42 U.S.C. § 1983 and granted the defendants’ motions to dismiss on the basis of Eleventh Amendment immunity, judicial immunity, quasi-judicial immunity, and Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. The District Court allowed Baquero 30 days to file a motion to amend his ...

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