William P. Miller, U.S. Bankruptcy Administrator v. Amro Elansari & The Law Lion, LLC (In re: Tawana Williams) (Adv. Pro. No. 21-02006)

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Memorandum Opinion Denying Petition for Reconsideration. This Court does not supplemental jurisdiction because “bankruptcy courts lack statutory authority to exercise supplemental jurisdiction under 28 U.S.C. § 1367.” In re Gaitor, AP No. 14-9059, 2015 WL 4611183, *7 (Bankr. M.D.N.C. July 13, 2015). Furthermore, judicial economy and efficiency cannot create jurisdiction for this Court to hear the claims. Defendant failed to assert a Bivens claim because this case presents a new Bivens context and there are special factors, such as available alternative remedies, that prohibit this Court from recognizing a Bivens claim for a due process violation under the Fifth Amendment. Therefore, there is no clear error of law to be corrected and the Motion for Reconsideration was denied.
 

Date: 
Friday, April 22, 2022
Published: 
No
Index Heading: 
Reconsider/Amend
Affirmed: