In re Scott T Lay

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 In re: CASE NO. C24-5503-BHS 8 SCOTT T. LAY, BR CASE NO. 24-41048-MJH 9 Debtor. ORDER 10

11 SCOTT T. LAY, Appellant, 12 v.

13 JENS GRUENKEMIER, 14 Appellee. 15

THIS MATTER is before the Court on its own motion. Pro se, in forma pauperis 16 debtor/appellant Scott T. Lay appealed the Bankruptcy Court’s June 13, 2024, Order 17 lifting the 11 U.S.C. § 362(a) Automatic Stay as it applied to his secured creditor, Jens 18 Gruekemier, and the property located at 4541 E. F St., Tacoma, Washington. Dkt. 1 at 7– 19 8. 20 Lay’s brief was due September 3, 2024. Dkt. 4. 21 22 1 Lay has not filed a brief or anything else. Nor is there any evidence or argument 2 that Lay sought a stay of the Bankruptcy Court’s Order under Federal Rule of Bankruptcy

3 8007. The appeal is DISMISSED for failure to prosecute. If the creditor/appellee has 4 already foreclosed on the property, Lay’s appeal is also moot. See In re Egbert 5 Development, LLC, 219 B.R. 903, 905 (10th Cir. BAP 1998) (collecting cases, including 6 Algeran, Inc. v. Advance Ross Corp., 759 F.2d 1421, 1423-25 (9th Cir. 1985)). 7 The Clerk shall close the case. In re Egbert Development, LLC, 219 B.R. 903, 905 8 (10th Cir. BAP 1998) (collecting cases, including Algeran, Inc. v. Advance Ross Corp.,

9 759 F.2d 1421, 1423-25 (9th Cir. 1985)). 10 IT IS SO ORDERED. 11 Dated this 28th day of October, 2024. A 12 13 BENJAMIN H. SETTLE 14 United States District Judge

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