Middle District of North Carolina
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Home > Printer-friendly > William P. Miller, U.S. Bankruptcy Administrator v. Amro Elansari & The Law Lion, LLC (In re: Tawana Williams) (Adv. Pro. No. 21-02006)

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.
 

File: 
PDF icon Elansari - Reconsideration.pdf [1]
Judge: 
Benjamin A. Kahn [2]
Date: 
Friday, April 22, 2022
Published: 
No
Index Heading: 
Reconsider/Amend
Affirmed: 

Source URL:https://www.ncmb.uscourts.gov/content/william-p-miller-us-bankruptcy-administrator-v-amro-elansari-law-lion-llc-re-tawana-williams

Links
[1] https://www.ncmb.uscourts.gov/sites/default/files/opinions/Elansari%20-%20Reconsideration.pdf [2] https://www.ncmb.uscourts.gov/content/benjamin-a-kahn