Niczyporuk v. Todd

Opinion

1 FILED IN THE U.S. DISTRICT COURT 2 EASTERN DISTRICT OF WASHINGTON Aug 22, 2025 3 4 SEAN F. MCAVOY, CLERK 5 6 9 10 No. 2:24-CV-00356-SAB 11 12 In re: ORDER DENYING MOTION TO 14 15 16 17 Before the Court is Appellant’s Motion to Alter or Amend Judgment 18 Pursuant to Rule 59(e) and for Relief under Rule 60(b), ECF No. 20. The motion 19 was heard without oral argument. Appellant Jaroslaw Niczyporuk is representing 20 himself in this matter. U.S Bank Trust National Association is represented by Eric 21 Marshack and Daniel Ross. 22 Mr. Niczyporuk challenges the Court’s Order dismissing his appeal of the 23 Bankruptcy Court’s September 30, 2024 Order because the notice of appeal was 24 not filed within 14 days. Additionally, the Court found that Mr. Niczyporuk’s 25 appeal was without merit and appeared to be brought with the intent to hinder, 26 delay and defraud creditors. The current motion suffers from the same fate. 27 Mr. Niczyporuk has failed to establish any factual or legal basis for 28 reversing the Bankruptcy Court’s orders or this Court’s Order. See Kona 1|| Enterprises, Inc. v. Estate of Bishop. 229 F.3d 877, 890 (9th Cir. 2000). Accordingly, IT IS HEREBY ORDERED: 3 l. Appellant’s Motion to Alter or Amend Judgment Pursuant to Rule 59(e) and for Relief under Rule 60(b), ECF No. 20, is DENIED. 5 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, forward copies to Plaintiff and counsel, and close the file. DATED this 22nd day of August 2025.

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10 hin Cus tar Il Chief United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ORDER NENVING MOTION TO AT TER OR AMEND) JIIDGMENT ~9