Shirley v. Daniel

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
October 22, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30608
Conference Calendar
PAMELA SHIRLEY,
Plaintiff-Appellant,
versus
MARILYN ELAYNE DANIEL,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 03-CV-1548-S
--------------------
Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Pamela Shirley, a Louisiana resident and a non-prisoner
proceeding pro se, has filed a motion to proceed in forma
pauperis (IFP) on appeal, challenging the district court’s
certification that her appeal was not taken in good faith
pursuant to Baugh v. Taylor, 117 F.3d 197, 199-202 (5th Cir.
1997). Shirley argues that the district court was not correct
in its perception of the primary issue in the complaint.
The federal courts have a long-standing policy of abstaining

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No. 03-30608
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from the exercise of diversity jurisdiction in cases involving
intrafamily relations, including child custody actions, known as
the domestic relations exception. Congleton v. Holy Cross Child
Placement Agency, Inc., 919 F.2d 1077, 1078 (5th Cir. 1990).
Although Shirley argues that her allegations do not place her
case within this exception, the district court did not err in
construing her complaint as essentially concerning the custody of
her children.
The district court’s certification that Shirley’s appeal is
not taken in good faith is upheld, Shirley’s motion for IFP is
DENIED, and this appeal is DISMISSED AS FRIVOLOUS. See Baugh,
117 F.3d at 202 and n.24.

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