In Re: Lornes

Filing 5

ORDER DISMISSING BANKRUPTCY APPEAL WITHOUT PREJUDICE AS TO ITS REASSERTION TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 1 . Signed by Judge Gonzalo P. Curiel on 12/16/2016.(All non-registered users served via U.S. Mail Service)(dxj)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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In re:

Case No.: 3:16-cv-02341-GPC-DHB

HERMAN LORNES, JR.,

ORDER DISMISSING
BANKRUPTCY APPEAL WITHOUT
PREJUDICE AS TO ITS
REASSERTION TO THE UNITED
STATES COURT OF APPEALS FOR
THE NINTH CIRCUIT

Debtor.
__________________________________
HERMAN LORNES, JR.,
Appellant,

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v.

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THOMAS H. BILLINGSLEA, chapter 13
trustee; UNITED STATES TRUSTEE,

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[ECF No. 1.]

Appellees.

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On September 13, 2016, Appellant Herman Lornes, Jr. (“Appellant”), proceeding
pro se, filed a notice of appeal of the Bankruptcy Appellate Panel’s (“BAP’s”) September
2, 2016 order dismissing his appeal for lack of prosecution. (Dkt. No. 1.) In error,
Appellant elected to appeal the BAP’s order to the United States District Court for the

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3:16-cv-02341-GPC-DHB

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Southern District of California. (Id. at 1.1) The matter was subsequently transmitted to

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this Court for further proceedings. (Dkt. No. 1-2.)

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28 U.S.C. § 158(a) grants district courts jurisdiction to hear appeals from final

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decisions of bankruptcy courts. Pursuant to Section 158(b), the Ninth Circuit has

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established a BAP to hear and determine appeals from the bankruptcy courts. Section

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158(d) provides that “[t]he courts of appeals shall have jurisdiction of appeals from all

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final decisions, judgments, orders, and decrees entered under subsections (a) and (b) of

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this section.”

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Because the BAP has already ruled on Appellant’s appeal in this case, this Court

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does not have jurisdiction to hear Appellant’s appeal of the BAP’s order. See Benny v.

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England, No. C-94-0073-CAL, 1994 WL 507441, at *1 (N.D. Cal. Aug. 30, 1994)

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(holding the same). Appellant must appeal to the United States Court of Appeals for the

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Ninth Circuit. (Id.)

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Accordingly, the Court DISMISSES Appellant’s appeal without prejudice as to its
reassertion to the United States Court of Appeals for the Ninth Circuit.

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IT IS SO ORDERED.
Dated: December 16, 2016

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All citations to the record refer to the pagination generated by the CM/ECF system.
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3:16-cv-02341-GPC-DHB