District Court, S.D. California March 26, 1982, Civ. 81-830-T (Beach v. Smith)

OPINION

TURRENTINE, Chief Judge.

This matter comes before the court on defendant’s motion to dismiss or in the alternative for summary judgment. The claim arises from the kidnaping of Crystal Beach by her non-custodial parent and the subsequent refusal of the Department of Justice to issue a warrant for the kidnapers under the Fugitive Felon Act, 18 U.S.C. § 1073 (1976).