Tillman v. Goel et al

Filing 10

ORDER denying [] Motion for a Stay pending appeal. Signed by District Judge Martin Reidinger on 5/22/10. (Pro se litigants served by US Mail.)(ejb)

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE WESTERN DISTRICT OF NORTH CAROLINA AS H E V IL L E DIVISION C IV IL CASE NO. 1:10cv46

IN RE: DEWAYNE LERON TILLMAN.

) ) C .R . TILLMAN, ) ) A p p e lla n t , ) ) vs . ) ) P R ATE E K GOEL and ) N E IL K. ANAND, ) ) A p p e lle e s . ) _______________________________ )

ORDER

TH IS MATTER is before the Court on the pro se motion of the A p p e lla n t C.R. Tillman for a stay of the Bankruptcy Court's Order pending a p p e a l. [Doc. 9]. A motion for a stay of the judgment, order, or decree of a bankruptcy ju d g e pending appeal ordinarily must be presented to the Bankruptcy Court in the first instance. Fed. R. Bankr. P. 8005. Because the Appellant did n o t first seek a stay in the Bankruptcy Court, his motion must be denied. IT IS, THEREFORE, ORDERED that the Appellant's motion for a stay p e n d in g appeal [Doc. 9] is DENIED.

T h e Clerk of Court is directed to send copies of this Order to the D e b to r Dewayne Leron Tillman, the Appellees Prateek Goel and Neil K. A n a n d , and the Appellant C.R. Tillman. IT IS SO ORDERED.

Signed: May 22, 2010

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