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Valerie Lopez, Appellant v. Wells Fargo Bank Na

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 6, 2012

VALERIE LOPEZ, APPELLANT, PLAINTIFF,
v.
WELLS FARGO BANK NA., APPELLEE, DEFENDANT.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

O

ORDER DISMISSING APPEAL BECAUSE THE APPEAL IS BEFORE THE BANKRUPTCY APPELLATE PANEL [Docket No. 10]

On December 19, 2011, Appellant Valerie Lopez ("Appellant") filed a Notice of Appeal from a bankruptcy court order. The Ninth Circuit's Bankruptcy Appellate Panel ("BAP") then issued an Opening Letter and a Briefing Order for the appeal (BAP No. CC-11-1713). On January 4, 2011, the bankruptcy court also issued a Notice of Referral of Appeal and an Appeal Transmittal Form, indicating an appeal to the BAP. On January 9, 2012, Appellant filed a Statement of Election/Designation of Interlocutory Appeal with this court. However, in the Statement, Appellant expressly elects to appeal to the BAP.

In sum, although Appellant appears to have mistakenly filed certain documents with this court, the record is clear that Appellant has appealed the bankruptcy court order to the BAP. See Fed. R. Bankr. P. 8001(e). The court therefore dismisses the appeal because the appeal is before the BAP.

IT IS SO ORDERED.

20120406

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