Adina Zaharescu V. ( 2017 )


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  •                              NOT FOR PUBLICATION                         FILED
    UNITED STATES COURT OF APPEALS                       AUG 24 2017
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    In re: ADINA ZAHARESCU,                         No. 14-55398
    Debtor.                            D.C. No. 2:13-cv-06565-RGK
    ______________________________
    SATISH SHETTY,                                  MEMORANDUM*
    Appellant,
    v.
    AMERIQUEST MORTGAGE COMPANY;
    AMERIQUEST MORTGAGE
    SECURITIES, INC.,
    Appellees.
    Appeal from the United States District Court
    for the Central District of California
    R. Gary Klausner, District Judge, Presiding
    Submitted August 9, 2017**
    Before:      SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
    Satish Shetty appeals pro se from the district court’s order affirming the
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    bankruptcy court’s order dismissing claims against appellees in Shetty’s adversary
    proceeding. We review de novo our own jurisdiction and whether a bankruptcy
    court’s decision is final. Silver Sage Partners, Ltd. v. City of Desert Hot Springs
    (In re City of Desert Hot Springs), 
    339 F.3d 782
    , 787 (9th Cir. 2003). We dismiss.
    This court lacks jurisdiction over this appeal because “the bankruptcy
    court’s order did not dispose of all of the issues in the adversary proceeding” or
    “direct entry of judgment under Fed. R. Civ. P. 54(b) which applies to adversary
    proceedings in bankruptcy by virtue of Bankruptcy Rule 7054.” Walther v. King
    City Transit Mix, Inc. (In re King City Transit Mix, Inc.), 
    738 F.2d 1065
    , 1066-67
    (9th Cir. 1984) (appellate jurisdiction in bankruptcy extends only to matters
    appealable to the district court as of right).
    DISMISSED.
    2                                   14-55398
    

Document Info

Docket Number: 14-55398

Filed Date: 8/24/2017

Precedential Status: Non-Precedential

Modified Date: 4/17/2021