Hillsman et al v. Morgan et al

Filing 8

ORDER granting 5 Motion to Dismiss and granting 7 Motion for Summary Judgment as a motion to dismiss. The clerk shall close the case. Signed by Judge Robert C. Jones on 1/17/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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In re ROSALIE ALLEN MORGAN,
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Debtor.
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ROBERT G. HILLSMAN,

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Appellant,
vs.

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ROSALIE ALLEN MORGAN,

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Appellee.

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3:13-cv-00256-RCJ
Case No. 3:13-cv-00356-RCJ
Adv. No. 12-ap-05066-BTB
Bankr. No. 12-bk-51208-BTB
ORDER

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Plaintiff/Appellant Robert G. Hillsman filed an adversary proceeding in the Chapter 7

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bankruptcy case of Debtor/Defendant/Appellee Rosalie Allen Morgan, listing two claims for

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non-dischargeable debt under 11 U.S.C. § 523(a). The bankruptcy judge granted a motion to

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dismiss with prejudice after a hearing. Plaintiff appealed. Appellant has not filed a designation

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of record on appeal or a statement of issues. On November 11, 2013, the Court ordered

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Appellant to file an opening brief within fourteen days. He did not do so and has yet filed no

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opening brief. Appellee has moved to dismiss for the first reason and has moved for summary

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judgment for the second reason. Appellant has not timely responded to either motion. The Court

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grants the motions. See L.R. Bank. P. 8070(a).

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 5) is GRANTED.

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IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 7) is

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GRANTED as a motion to dismiss.

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IT IS FURTHER ORDERED that the clerk shall close the case.

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IT IS SO ORDERED.

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Dated this 6th daydayJanuary, 2014.2014.
Dated this 17th of of January,

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_____________________________________
ROBERT C. JONES
United States District Judge

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