Opinion
No. 13-60100 BAP No. 13-1406
05-22-2015
In re: SACHIDANAND SINHA, Debtor, SACHIDANAND SINHA, Appellant, v. U.S. BANK N.A., Appellee.
NOT FOR PUBLICATION
MEMORANDUM Appeal from the Ninth Circuit Bankruptcy Appellate Panel
Dunn and Kirscher, Bankruptcy Judges, Presiding
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Sachidanand Sinha appeals pro se from the Bankruptcy Appellate Panel's ("BAP") order denying his motion for a stay pending appeal of the bankruptcy 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.