Hunt v. Arias-Elwin

United States Court of Appeals
for the Fifth Circuit

No. 19-30590
Summary Calendar

R
ICHARD EDWARD HUNT,

Plaintiff—Appellee,

versus

I
SSIS R. ARIAS-ELWIN,

Defendant—Appellant.

Appeal from the United States District Court
for the Eastern District of Louisiana
No. 2:18-CV-4243

Before K
ING, SMITH, and WILSON, Circuit Judges.
P
ER CURIAM:*
The appellant, Issis Arias-Elwin, filed a notice of removal of a state-
court action instituted to establish paternity and child-support obligations.
Arias-Elwin asserted two bases for what she termed “bankruptcy removal”

*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
July 31, 2020

Lyle W. Cayce
Clerk
Case: 19-30590 Document: 00515510806 Page: 1 Date Filed: 07/31/2020

No. 19-30590
2
and two bases for “civil rights removal.” Concluding that it lacked subject-
matter jurisdiction, the district court sua sponte remanded to state court.
The district court supported its ruling with a concise but thorough
Orders & Reasons filed February 19, 2019. On appeal, Arias-Elwin primarily
asks this court to call into question our and the Supreme Court’s “overly
restricted judicial construction” to restore “a proper balance between the
state and federal judiciary and their court systems.”
Even if, arguendo, we were convinced that binding precedent is in
error, our rule of orderliness precludes overruling our caselaw; nor can we
diverge from the plain text of statutes or applicable Supreme Court decisions.
The district court carefully explained why it had no jurisdiction under that
governing authority. The order of remand is AFFIRMED, essentially for
the reasons convincingly set forth by the district court. Any pending motions
are DENIED.

Case: 19-30590 Document: 00515510806 Page: 2 Date Filed: 07/31/2020