STANLEY v. GONZALES

No. 04-17147.

476 F.3d 653 (2007)

Linda Ekstrom STANLEY, Plaintiff-Appellant, v. Alberto R. GONZALES, Attorney General, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 16, 2007.


Attorney(s) appearing for the Case

Howard Moore, Jr., Moore and Moore, Oakland, CA, for the appellant.

Todd M. Hughes, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, for the appellee.

Before A. WALLACE TASHIMA and M. MARGARET McKEOWN, Circuit Judges, and DAVID O. CARTER, District Judge.


McKEOWN, Circuit Judge.

United States Trustees, who are appointed by the Attorney General, oversee the administration of bankruptcy cases and private trustees. After the Attorney General removed Linda Ekstrom Stanley from her position as a United States Trustee, she challenged her removal as a violation of the separation of powers doctrine, the Appointments Clause, and her right to procedural due process. The district court dismissed her complaint for lack of jurisdiction...

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