Unpublished Dispositionnotice: Tenth Circuit Rule 36.3 States That Unpublished Opinions and Orders and Judgments Have No Precedential Value and Shall Not Be Cited Except for Purposes of Establishing the Doctrines of the Law of the Case, Res Judicata, or Collateral Estoppel.in Re Debra Ann Sipka, Debtor.debra Ann Sipka, Appellant, v. David Lee Sipka, Appellee, 940 F.2d 1539 (10th Cir. 1991)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

This appeal is taken from an order of the United States District Court for the District of Kansas denying appellant's motion for stay pending appeal to district court of an order of the bankruptcy court which lifted the bankruptcy court's automatic stay order. A panel of this court earlier denied appellant's motion for stay addressed to this court and directed appellant to show cause why this appeal should not be dismissed for want of appellate jurisdiction. No response has been filed.

We have jurisdiction only over final decisions, judgments, orders, and decrees of district courts when those decisions are heard in the district court's appellate capacity under 28 U.S.C. § 157(a). In this case, the district court's order denying appellant's motion for stay is interlocutory, not final. Consequently, we are without jurisdiction over the appeal. In re Atencio, 913 F.2d 814, 816 (10th Cir. 1990).

Accordingly, the appeal is DISMISSED.

The mandate shall issue forthwith.