Michael Ennis v. Fair Play Real Estate, LLC , 692 F. App'x 892 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 30 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: MICHAEL JOHN ENNIS, No. 16-60076
Debtor, BAP No. 16-1057
______________________________
MICHAEL JOHN ENNIS, MEMORANDUM*
Appellant,
v.
FAIR PLAY REAL ESTATE, LLC,
Appellee.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Kirscher, Jury, and Taylor, Bankruptcy Judges, Presiding
Submitted June 26, 2017**
Before: PAEZ, BEA, and MURGUIA, Circuit Judges.
Michael John Ennis appeals pro se from an order of the Bankruptcy
Appellate Panel (“BAP”) dismissing as moot Ennis’s appeal from a bankruptcy
*
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).
court’s order granting appellee’s motion to lift the automatic stay under 11 U.S.C.
§ 362(d). We have jurisdiction under 28 U.S.C. § 158(d). We review de novo the
BAP’s determination that a bankruptcy appeal is moot. Nat’l Mass Media
Telecomm. Sys., Inc. v. Stanley (In re Nat’l Mass Media Telecomm. Sys., Inc.), 152
F.3d 1178, 1180 (9th Cir. 1998). We affirm.
The BAP properly dismissed Ennis’s appeal as moot because appellee Fair
Play Real Estate, LLC, took possession of the property in dispute pursuant to an
unlawful detainer judgment obtained in state court, which prevented the BAP from
granting Ennis effective relief. See id. at 1180-81 (a case is moot where “an event
occurs while a case is pending appeal that makes it impossible for the court to
grant any effectual relief” (citation and internal quotation marks omitted)).
In light of our disposition, we do not reach Ennis’s arguments addressing the
underlying merits of the appeal.
Appellee’s motion to take judicial notice (Docket Entry No. 13) is granted.
AFFIRMED.
2 16-60076