Stokes v. Belhaven Shipyard and Marina, Inc. et al

Filing 22

ORDER denying 21 Pro se MOTION for an injunction until the return of items. Signed by District Judge Terrence W. Boyle on 10/24/2024. Copy sent via US Mail to Baird Stokes at 774 E Pantego Street, Belhaven, NC 27810. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:22-CV-66-BO

BAIRD STOKES,
Appellant,

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V.

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BELHAVEN SHIPYARD AND MARINA,
INC. , d/b/a RIVER FOREST SHIPYARD,
and WILLIAM AXSON SMITH, JR. ,
Appellees.

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ORD E R

This matter is before the Court on appellant' s prose motion for an injunction. [DE 21].
Appellees have not responded and the time to do so has expired. The matter is now ripe for ruling.
For the reasons discussed herein, appellant's motion is denied. [DE 21].
Appellant's motion, like his initial complaint, challenges the bankruptcy court's "Turnover
Order" in which the bankruptcy court awarded possession of a contested 39-foot Sailboat to
appellees. [DE 19]. The Turnover Order, which this Court affirmed on June 9, 2023 , specified that
Belhaven Shipyard will maintain possession of the Sailboat until the maritime lien against the
Sailboat is paid in full. [DE 1, 19, 21]. At this junction, the Sailboat is still properly in appellee' s
possession because appellant has not presented any evidence indicating that the maritime lien has
been paid. See In re Muma Servs. , Inc., 322 B.E. 541 , 546 (Bankr. D. Del. 2005). As a result,
appellant' s motion for an injunction is DENIED. [DE 21].

SO ORDERED, this

ti

day of October, 2024.

TE
NCE W. BOYLE
UNITED STATES DISTRICT