Gary Ozenne v. Chase Manhattan Bank
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
WALLACE, Senior Circuit Judge:
Gary Ozenne appeals from the Ninth Circuit bankruptcy appellate panel’s (BAP) denial of his petition for a writ of mandamus. Because the BAP is not a “court[ ] established by Act of Congress” under the A1 Writs Act, 28 U.S.C. § 1651(a), we hold that the BAP did not have jurisdiction to consider the petition.
I
Several years after his bankruptcy case was closed, Ozenne filed a motion for sanctions in the bankruptcy court. [Bankr. Ct. Dkt. No. Ill] The bankruptcy court ruled that it lacked jurisdiction to grant relief [Id. No. 119] and Ozenne filed a petition…
2Cases cited11 opinions
- United States v. DenedoSupreme Court of the United States · 2009
- Clinton v. GoldsmithSupreme Court of the United States · 1999
- Dettinger v. United StatesUnited States Court of Military Appeals · 1979
- In Re Samuel Duke Cardelucci, Debtor. Willem Onink, Marsha Onink v. Samuel Duke CardelucciCourt of Appeals for the Ninth Circuit · 2002
- Bank of Maui v. Estate Analysis, Inc.Court of Appeals for the Ninth Circuit · 1990
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3Cited by2 opinions
- Ozenne v. Chase Manhattan Bank (In Re Ozenne)Court of Appeals for the Ninth Circuit · 2016
- Clifton v. EubankDistrict Court, D. Colorado · 2006