Patterson v. Jipping_7

Filing 9

ORDER: Appeals 3:24-cv-00098-SLG and 3:24-cv-00096-SLG are consolidated. All further filings shall be made only in Case No. 3:24-cv-00096-SLG. The Motion for 30 Day Enlargement of Time to file Brief at Docket 3 is DENIED as moot. See Order for additional details. Signed by Judge Sharon L. Gleason on 6/10/2024. (JDS, COURT STAFF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
TOMMIE GENE PATTERSON
Appellant,
Case No. 3:24-cv-00096-SLG

v.
NACOLE M. JIPPING_7
Appellee.

CONSOLIDATED
LEAD CASE

TOMMIE GENE PATTERSON,
Appellant,

Case No. 3:24-cv-00098-SLG
CONSOLIDATED

v.
NACOLE M. JIPPING_7,
Appellee.

ORDER
Appellant Tommie Gene Patterson has filed two appeals of two orders
entered by the Bankruptcy Court. In Case No. 3:24-cv-00096, Mr. Patterson
appeals from an order of the Bankruptcy Court dated April 19, 2024, “Order
Establishing that the Debtor’s Interest in the Estate of Marion Patterson is Property
of His Bankruptcy Estate.” 1 In Case No. 3:24-cv-00098, Mr. Patterson appeals
from an order of the Bankruptcy Court dated April 17. 2024, “Order Denying

1

Case No. 3:24-cv-00096, Docket 1.

Debtor’s Filing at DCK No. 71.” 2 Because the appeals appear to involve common
questions of law and fact, and originate from the same Bankruptcy proceeding, the
Court on its own initiative will consolidate these appeals. See Rule 42(a), Federal
Rules of Civil Procedure. All further filings shall be made only in Case No. 3:24cv-00096-SLG.
Also before the Court in each case is a motion for a 30 day enlargement of
time to file a brief. 3 In each motion, Mr. Patterson states he is trying to find an
attorney to represent him. Appellee Nacole Jipping, the Bankruptcy Trustee, filed
an opposition to the motion in Case No. 3:24-cv-00096. In her opposition, she
notes that Alaska Appellate Rule 502(b) is inapplicable in the federal District Court.
Appellee is correct on this point; the Alaska Rules of Court do not apply in federal
District Court. Instead, the Court will issue a scheduling order for the briefing in
due course. Therefore, the motions are each DENIED as moot.
However, to date, Mr. Patterson has not complied with the Notice of
Requirements for Perfection of Appeal that was sent to him by the Bankruptcy
Court. Mr. Patterson was accorded until May 7, 2024 to file certain documents
with this Court, which to date he has not yet done. This includes a statement of

Case No. 3:24-cv-00098-SLG. Mr. Patterson’s motion was entitled, “Motion to Pre[e]mp and
Remove Judge Brown, Pursuant to Rule of Civil Procedure re 60(a)(b) Opposition, For Relief
From Judge Brown Order Opposing Notice of Hearing on Renewed Motion for Entry of Order
Establishing that Debto[r]’s Interest In and Right to Receive a Distribution from the Estate of
Marion Patterson is Property of His Bankruptcy Estate No Zoom Hearing Required.”
2

3

Docket 3, Case No. 3:24-cv-00096-SLG; Docket 3, Case No. 3:24-cv-00098.

Case No. 3:24-cv-00096-SLG, Patterson v. Jipping_7; Case No. 3:24-cv-00098-SLG, Patterson
v. Jipping_7 (Consolidated).
Order
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the issues to be presented in the appeals and a designation of those portions of
the Bankruptcy Court’s record that he believes should be included in the appellate
record. 4
Mr. Patterson is notified that if he does not comply with the Notice of
Requirements for Perfection of Appeal by filing the requisite documents within 14
days of the date of this order, these consolidated appeals may both be
dismissed without further notice to him.
Mr. Patterson also filed a request not to pay the filing fee in each case.
However, he has not filed the requested financial information. Therefore, the
requests are denied without prejudice. The Clerk of Court is directed to send an
Application to Waive the Filing Fee (Non-Prisoner) to Mr. Patterson.
DATED this 10th day of June, 2024, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE

See Notice of Requirements for Perfection of Appeal, Docket 1-1 in both cases. At Docket 5, in
Case No. 3:24-cv-00096-SLG, Mr. Patterson filed a motion to amend his designation to add
additional items to be included in the record on appeal. But the Court’s file contains no
designation
4

Case No. 3:24-cv-00096-SLG, Patterson v. Jipping_7; Case No. 3:24-cv-00098-SLG, Patterson
v. Jipping_7 (Consolidated).
Order
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