Sachidanand Sinha v. U.S. Bank National Association ( 2015 )

FILED
NOT FOR PUBLICATION MAY 22 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: SACHIDANAND SINHA, No. 13-60100
Debtor, BAP No. 13-1406
SACHIDANAND SINHA,
MEMORANDUM*
Appellant,
v.
U.S. BANK N.A.,
Appellee.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Dunn and Kirscher, Bankruptcy Judges, Presiding
Submitted May 13, 2015 **
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Sachidanand Sinha appeals pro se from the Bankruptcy Appellate Panel’s
(“BAP”) order denying his motion for a stay pending appeal of the bankruptcy
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 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 orders denying his motion for a continuance, and denying his creditor’s
motion for relief from the automatic stay. We review de novo our own
jurisdiction. 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 appeal
for lack of jurisdiction.
We lack jurisdiction over this appeal because the BAP’s order denying
Sinha’s motion for a stay pending appeal was not a final order. See Dye v. Brown
(In re AFI Holding, Inc.), 530 F.3d 832, 836 (9th Cir. 2008) (order) (discussing
“pragmatic approach to finality in bankruptcy cases”); see also In re Teleport Oil
Co., 759 F.2d 1376, 1377 (9th Cir. 1985), overruled on other grounds, Connecticut
Nat’l Bank v. Germain, 503 U.S. 249, 253 (1992) (decision not to grant a stay does
not conclusively determine controversy).
DISMISSED.
2 13-60100