IN RE NEAL, (Bankr.S.D.Ala. 2003)

MARGARET MAHONEY, Bankruptcy Judge

This case is before the court on its own review of the file. Defendant, Chase Manhattan Bank U.S.A., N.A., filed a motion for leave to appeal this court's order of September 25, 2003 .

That order denied the motion of the defendant to dismiss the plaintiff's complaint for failure to state a claim upon which relief can be granted and for failure to join an indispensable party. Defendant filed a motion for leave to appeal that order on October 6, 2003 .

The court denied the motion on October 8, 2003 .

This court erred in denying the motion for leave to appeal. Pursuant to F.R.Bankr.P. 8003, the court should have done the following: (1) waited 10 days for a response to the motion by the plaintiff;

(2) after the 10 day period, sent the motion to the district court for a ruling; and

(3) sent a report and recommendation to the District Court with the motion pursuant to this court's normal procedure.

Accordingly, in order to put this matter in the proper procedural posture, the Court will vacate its prior order on the motion for leave to appeal, give the plaintiff ten days to respond to the motion, and then transmit the motion, response, and a report and recommendation to the district court for its action.