2011 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

1-26-2011

Unula Abebe v. Emmanuel Abebe

Precedential or Non-Precedential: Non-Precedential

Docket No. 10-2751

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Recommended Citation

"Unula Abebe v. Emmanuel Abebe" (2011). 2011 Decisions. Paper 1914.

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ALD-083 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 10-2751

___________

UNULA BOO-SHAWN ABEBE,

Appellant

v.

EMMANUEL OBUNDU ABEBE

____________________________________

On Appeal from the United States District Court

for the District of New Jersey

(D.C. Civil No. 10-cv-00011)

District Judge: Honorable Dennis M. Cavanaugh

____________________________________

Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)

or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6

January 6, 2011

Before: SCIRICA, HARDIMAN and VANASKIE, Circuit Judges

(Filed: January 26, 2011)

_________

OPINION OF THE COURT

_________

PER CURIAM.

Unula Boo-Shawn Abebe appeals the District Court’s order dismissing his 

complaint. For the reasons below, we will summarily affirm the District Court’s 

judgment.
2

In his complaint dated December 2009, Abebe alleged that his father kidnapped 

his older brother and took him to Africa over 24 years ago. He contended that this caused 

Abebe and his mother emotional distress. He requested that criminal charges be brought 

against his father and that his father be compelled to pay for Abebe’s brother to come to 

the United States for a visit. The District Court dismissed the complaint before service. 

Abebe filed a timely notice of appeal.

We have jurisdiction pursuant to 28 U.S.C. § 1291. The District Court concluded 

that Abebe lacked standing to bring claims on behalf of his mother or brother. On appeal, 

Abebe contends that he does not seek to sue on behalf of his mother or brother; rather, he 

argues that he alleged that his father violated his constitutional rights. However, as 

explained by the District Court, Abebe’s father, the only defendant, is not a state actor. 

Thus, his father could not violate Abebe’s rights to due process and protection from cruel 

and unusual punishment. We agree with the District Court that Abebe has no federal 

right to require the government to initiate criminal proceedings against his father for 

kidnapping. Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973). We also agree with 

the District Court that Abebe’s claims of intentional or negligent infliction of emotional 

distress are barred by the statute of limitations. 

Summary action is appropriate if there is no substantial question presented in the 

appeal. See Third Circuit LAR 27.4. For the above reasons, as well as those set forth by 

the District Court, we will summarily affirm the District Court’s order. See Third Circuit 

I.O.P. 10.6.