
USCA1 Opinion

	




          May 4, 1995                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 94-2273                           DAVID A. and CATHERINE M. JONES                                     Appellants.                                          v.                           E. MARK NOONAN, TRUSTEE, ET AL.,                                      Appellees.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF NEW HAMPSHIRE                   [Hon. Steven J. McAuliffe, U.S. District Judge]                                              ___________________                                 ____________________                                        Before                                Torruella, Chief Judge,                                           ___________                          Selya and Boudin, Circuit Judges.                                            ______________                                 ____________________            David A. Jones on brief for appellants.            ______________            Nancy H. Michels and Michels & Michels on brief for appellees.            ________________     _________________                                 ____________________                                 ____________________                 Per Curiam.  Appellants David and Catherine Jones appeal                 __________            the order  of  the United  States  Bankruptcy Court  for  the            District of  New Hampshire, dated  June 7, 1994,  affirmed by            the district court, granting appellees relief, pursuant to 11            U.S.C.    362(d), from  the automatic  stay provision  of the            Bankruptcy Code, in order  that appellees might continue with            their attempt  to evict  appellants from  property appellants            had leased in  Gloucester, Massachusetts.  Appellants  failed            to seek  a stay of  this order pending  appeal.  See  Fed. R.                                                             ___            Bank.  P.  8005.   Appellees  thereupon  obtained  a writ  of            execution from the Massachusetts housing court and appellants            were removed from the leased property on June 13, 1994.  This            judgment, which is now  final, is entitled to full  faith and            credit before  this court.  See  28 U.S.C.   1738.   Since we                                        ___            can  no longer  provide any  effective relief  to appellants,            this  case must  be dismissed  as  moot.   See  In re  Public                                _________  __  ____    ___  _____________            Service  Co. of New Hampshire, 963 F.2d 469, 471-76 (1st Cir.            _____________________________            1992)  (case moot  where failure  to seek stay  of bankruptcy            court  order  resulted  "in circumstances  were  no effective            relief can be provided").
