Sachidanand Sinha v. U.S. Bank National Association

FILED NOT FOR PUBLICATION MAY 22 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: SACHIDANAND SINHA, No. 13-60100 Debtor, BAP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