Blade v. United States Bankruptcy Court
Blade v. United States Bankruptcy Court
Opinion of the Court
ORDER
Thomas J. Blade appeals a district court judgment that dismissed his employment discrimination action construed as filed under the authority enunciated in Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
Blade filed his “complaint for determination of violation of due process and equal
Upon consideration, we affirm the judgment for the reasons stated by the district court in its opinion filed August 2, 2000. Essentially, plaintiffs claims are not cognizable under the authority enunciated in Bivens because a comprehensive scheme is available under the Civil Service Reform Act to address the alleged wrongs. See Schweiker v. Chilicky, 487 U.S. 412, 423, 108 S.Ct. 2460, 101 L.Ed.2d 370 (1988); Bush v. Lucas, 462 U.S. 367, 381-88, 103 S.Ct. 2404, 76 L.Ed.2d 648 (1983); Jones v. TVA 948 F.2d 258, 262-64 (6th Cir. 1991). No other jurisdictional basis for plaintiffs claims exists. Accordingly, the district court properly dismissed plaintiffs complaint and denied his motion for leave to file an amended complaint for lack of subject matter jurisdiction.
Accordingly, the district court’s judgment is affirmed. See Rule 34(j)(2)(C), Rules of the Sixth Circuit.
Reference
- Full Case Name
- Thomas J. BLADE v. UNITED STATES BANKRUPTCY COURT Michael D. Webb, Clerk Kenneth Jordan, Deputy in Charge Lynette Glover, Assistant Deputy in Charge
- Status
- Published