No. 18-6489

Guetatchew Fikrou v. Montgomery County Office of Child Support Enforcement Division, et al.

Lower Court: Ninth Circuit
Docketed: 2018-10-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion bankruptcy bankruptcy-code child-support civil-procedure civil-rights due-process federal-jurisdiction federal-statute standing state-law supplemental-jurisdiction
Latest Conference: 2019-01-04
Question Presented (from Petition)

Whether the United States Supreme Court can review the abuse of discretions standard applied? Whether this Court would still review de novo the vast majority of the issues on this Petition for Writ of Certiorari? Under the abuse of discretion standard, the Appellate Court must first "determine de novo whether the trial court identified the correct legal rule to apply to the relief requested."

Whether The Federal District Court of Nevada has supplemental jurisdiction, pursuant to 28 U.S.C. § 1367, over the subject matter of the Petitioner's claims because those claims are so related to Petitioner's federal claims as to form part of the same case or controversy under Article III of the United States Constitution Amendment Fourteen, Section 1.

Whether, in conflict with decisions of the Fourth and Eighth Circuits, federal statutory silence overrides any right to contribution under state law for liabilities arising under the federal statute regardless of whether Congress intended to preempt the state law; and

Whether, in conflict with decisions of the First and Seventh Circuits, a trustee lacks standing under SIPA or the Bankruptcy Code to assert claims against parties that hastened or deepened the bankruptcy and are therefore general to all of an estate's customers or creditors.

Question Presented (AI Summary)

Whether the abuse of discretion standard applies to review of the issues presented in the petition

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-29
Waiver of right of respondent Los Angeles County Child Support Services to respond filed.
2018-10-31
Waiver of right of respondents Montgomery County Office of Child Support, Christopher J. Kunz, Pamela Stromowsky, Samir Malhotra, Erin Harkleroad, and Debbie Hinds to respond filed.
2018-04-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2018)

Attorneys

Guetatchew Fikrou
Guetatchew Fikrou — Petitioner
Los Angeles County Child Support Services
Avi BurkwitzPeterson, Bradford, Burkwitz, Respondent
Montgomery County Office of Child Support, Christopher J. Kunz, Pamela Stromowsky, Samir Malhotra, Erin Harkleroad, and Debbie Hinds
Julia Doyle Bernhardt — Respondent