State Bank of Wiley v. Hays, 43 F.3d 1483 (10th Cir. 1995)

ORDER AND JUDGMENT¹ 

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 from an order of the district court entering summary judgment in favor of defendant RTC, receiver in bankruptcy for Heritage Savings and Loan Association, on the grounds that appellant Hays failed to exhaust his administrative remedies under the statutory requirements of the Federal Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) 12 U.S.C. 1821(d). Pro se petitioner Hays alleges that the district court erred in granting this dismissal. We agree with the district court that petitioner was required to exhaust his administrative remedies through the claims procedure established by 12 U.S.C. 1821(d) (13) (D). Therefore, we affirm the order of the district court granting summary judgment in favor of the Resolution Trust Corporation and remanding the remainder of this action to Prowers County District Court in the State of Colorado. AFFIRMED. The mandate shall issue forthwith.