Lewis v. Aurora Loan Services, Inc.

Filing 5

ORDER DISMISSING CASE WITHOUT PREJUDICE due to lack of standing by the Plaintiff. Signed by Judge Wiley Y. Daniel on 8/15/06. (erv, )

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Lewis v. Aurora Loan Services, Inc. Doc. 5 Case 1:06-cv-01547-WYD Document 5 Filed 08/15/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Civil Action No. 06-cv-01547-WYD-MJW SHERRON L. LEWIS, JR., Plaintiff, v. AURORA LOAN SERVICES, INC., Defendant. ORDER THIS MATTER is before the Court on a review of the Complaint. Plaintiff admits therein that he is a debtor in a Chapter 7 petition, case number 05-45913-MER filed in the United States Bankruptcy Court for the District of Colorado. Compl. 1. The Voice Case Information System of the Bankruptcy Court states that the case is still pending and a Trustee, Jennifer M. McCallum, has been assigned.1 Based on the foregoing, the claims at issue herein appear to be part of the bankruptcy estate. Plaintiff has not alleged that the Trustee abandoned these claims, and the Trustee is not a party to this action. Consequently, Plaintiff does not have standing to pursue the claims in this case, and the case is dismissed without prejudice. The action may be refiled if the Plaintiff demonstrates that the Trustee abandoned the claims, by the Trustee if she so chooses, or after the bankruptcy proceeding is W hile Plaintiff asserts that his bankruptcy petition was filed October 14, 2006, I have conf irm ed that the actual filing date is October 14, 2005. 1 Dockets.Justia.com Case 1:06-cv-01547-WYD Document 5 Filed 08/15/2006 Page 2 of 2 terminated. In conclusion, it is ORDERED that this case is DISMISSED WITHOUT PREJUDICE due to lack of standing by the Plaintiff. It is FURTHER ORDERED that the Clerk of Court is directed to mail a copy of this Order to counsel for the Trustee as follows: John Cardinal Parks MCELVOY, DEUTSCH, MULVANEY & CARPENTER, LLP 1700 Broadway, Suite 1900 Denver, CO 80290-1901 Dated: August 15, 2006 BY THE COURT: s/ Wiley Y. Daniel W il ey Y. Daniel U. S. District Judge -2-

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