Lancett v. Tadlock

Filing 2

ORDER denying re 1 Bankruptcy Appeal (Motion for Emergency Stay). Signed by District Judge Robert J. Conrad, Jr on 5/16/2014. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-cv-232-RJC
BARRY W. LANCETT,
Appellant,
v.
WARREN L. TADLOCK,
Appellee.

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ORDER

THIS MATTER comes before the Court on Appellant Barry W. Lancett’s Motion for
Emergency Stay of Sale (Doc. 1) filed on May 6, 2014. On May 6, 2014, Appellant filed in this
Court a Notice of Appeal from Bankruptcy Court. (Doc. 1). Included in such motion was a
Request for Emergency Stay of Sale and Request for Expedited Hearing. (Id.). Specifically,
Appellant sought an order from this Court under Rule 60 of the Federal Rules of Civil Procedure
temporarily staying the foreclosure sale of his home located at 1314 Grayscroft Drive, Waxhaw,
North Carolina, pending resolution of the appeal. The foreclosure sale was scheduled to take
place on May 6, 2014 at 12:30 p.m.
The Court has reviewed the instant request and finds that it can offer no relief to
Appellant on its motion. The timing of the motion prevented the Court from having an
opportunity to review the merits of the motion prior to the occurrence of events at issue. The
date of the foreclosure sale having passed, the Court declines to issue an emergency stay of
foreclosure as the issue is now moot. Accordingly, Appellants Motion for Emergency Stay
(Doc. 1) is denied.
Signed: May 16, 2014