Morris v. McAleer et al

Filing 36

Order re: limited remand from the Eleventh Circuit Court of Apeals. The Clerk is DIRECTED to amend the case caption in this matter to reflect that the Appellees are Chapter 13 Trustee Daniel B. O'Brien & the United States. John C. McAleer & Ch arles Baer should be removed from the case caption, after which the case should be referred back to the Court of Appeals. Signed by Senior Judge Callie V. S. Granade on 4/14/2016. (copy mailed to Appellant on 4/14/16) (tot) Modified on 4/14/2016 (tot).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAVID GLENN MORRIS,
Appellant,
vs.
DANIEL B. O’BRIEN, et al.,
Appellees.

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) CIVIL ACTION NO. 14-604-CG-B
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) Bankr. Case. No. 14-01944-MAM-13
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ORDER

This matter is before the court on the limited remand from the Eleventh
Circuit Court of Appeals. The Eleventh Circuit has retained jurisdiction over this
case, but remanded the case for the limited purpose of allowing this Court to amend
the case caption in this matter.
The District Court docket in this case lists John C. McAleer III and Charles
Baer as the appellees in this bankruptcy appeal. Daniel B. O’Brien has succeeded
John C. McAleer III as the Chapter 13 trustee in debtor’s case. Additionally,
Charles Baer, who was the Assistant United States Attorney who represented the
United States in the Bankruptcy Court and in District Court, was erroneously
listed. The appellees that should be named in this matter are Chapter 13 Trustee
Daniel B. O’Brien and The United States.
Accordingly, the Clerk is DIRECTED to amend the case caption in this
matter to reflect that the Appellees are Chapter 13 Trustee Daniel B. O’Brien and
The United States. John C. McAleer III and Charles Baer should be removed from

the case caption, after which the case should be referred back to the Court of
Appeals.
DONE and ORDERED this 14th day of April, 2016.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE

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