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Dieujuste v. Sin

Judicial Immunity Noted in Dismissal for Lack of Jurisdiction, Failure to State Claim

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OPINION & ORDER Plaintiff Junior-Tony Dieujuste, proceeding pro se, brings this action alleging trademark infringement, slander, libel, and failure to protect or act against Defendants Judge Jessica Sin1 and Clerk of Court Keisha Kearse of the Family Court of the State of New York (collectively, “Defendants”). See generally Dkt. No. 1 (“Compl.”). Currently pending before this Court is Defendants’ motion to dismiss the Complaint.2 See Dkt. Nos. 8, 17. For the reasons set forth below, the Court GRANTS Defendants’ motion and dismisses Plaintiff’s Complaint with prejudice. I. Background A. Factual background The following facts are taken from the Complaint and the parties’ submissions related to Defendants’ motion to dismiss. See Dkt. Nos. 1, 8, 16, 17, 18. On June 23, 2022, an individual identified as Keyona N. Florence filed an Initial Support Petition in the Family Court of the State of New York (the “Family Court Petition”), seeking current and retroactive child support from Plaintiff. See Compl, at

8, 21-38.3 A summons accompanied the Family Court Petition and required Plaintiff to appear on February 22, 2023 in the Family Court of the State of New York, County of Queens, before Judge Sin, then a Support Magistrate. Id. at 22. On February 22, 2023, Judge Sin issued a Temporary Order of Support directing Plaintiff to remit ongoing child support payments. See Dkt. No. 8 at 1. On April 18, 2023, an Income Withholding Order was issued to Plaintiff’s employer, garnishing Plaintiff’s wages for child support. Compl.

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