Mahmud v. U.S. Department of Homeland Security ( 2008 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
JANUARY 16, 2008
THOMAS K. KAHN
No. 07-13311
CLERK
Non-Argument Calendar
________________________
D. C. Docket No. 06-01720-CV-WSD-1
BILAL MAHMUD,
Plaintiff-Appellant,
KHADIJAH MAHMUD,
Plaintiff,
versus
U.S. DEPARTMENT OF HOMELAND SECURITY, et. al.,
Defendants,
JUSTIN P. OBERMAN, individually and in his official
capacity as Director, Credentialing Program Office,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(January 16, 2008)
Before CARNES, PRYOR and HILL, Circuit Judges.
PER CURIAM:
Plaintiff-appellant Bilal Mahmud appeals the dismissal of his action. The
judgment of the district court was accompanied by a full published opinion,
Mahmud v. Oberman, 508 F.Supp. 2d 1294 (2007). In his complaint, Mahmud
asserted claims which he sought to establish under the Bivens doctrine, 403 U.S.
388, 397 (1970), based upon the suspension or revocation of the Hazardous
Materials Endorsement on his commercial drivers license. Based on the facts of
this case, the district court held that a Bivens remedy for damages was not available
to Mahmud, and, furthermore, Mahmud had not met his burden of establishing that
due process is satisfied by the exercise of personal jurisdiction over defendant-
appellee Justin P. Oberman. It granted Oberman’s motion to dismiss for both
reasons.
Having carefully considered the judgment and opinion of the district court,
the briefs of the parties, and the record, and finding no reversible error, the
judgment is AFFIRMED.
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