Cochran v. Rucker et al

Filing 5

ORDER DISMISSING 1 Bankruptcy Appeal, filed by Joseph Cochran. (See Order for Specifics) Signed by Honorable P. K. Holmes III on October 12, 2022. (lgd)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JOSEPH COCHRAN
v.

APPELLANT
No. 5:22-cv-5100

BIANCA RUCKER, et al.

APPELLEES
ORDER

On May 26, 2022, Appellant Joseph Cochran filed his notice of appeal to this Court from
a judgment in a bankruptcy proceeding. See Case No. 5:21-bk-70170, W.D. Ark., Doc. 247. Three
days later, the Clerk of Court caused a Memorandum of Document Deficiency to be mailed to Mr.
Cochran by first-class mail, informing him that he owed a filing fee of $298 for his appeal and that
“[f]ailure to cure this deficiency could result in the dismissal of this case, the pleading being
stricken, or an order to show cause hearing set.” See Case No. 5:21-bk-70170, W.D. Ark., Doc.
252, p. 3. Four and a half months have since passed, and Mr. Cochran still has not paid the filing
fee. Therefore, Mr. Cochran’s appeal will be dismissed. 1 See Fed. R. Bankr. P. 8003(a)(2).
IT IS THEREFORE ORDERED that the Notice of Appeal from United States Bankruptcy
Court filed by Joseph Cochran (Doc. 1) is DISMISSED.
IT IS SO ORDERED this 12th day of October, 2022.

/s/P. K. Holmes, III
P.K. HOLMES, III
U.S. DISTRICT JUDGE

1

Mr. Cochran also has not filed any appellant’s brief in the instant matter, despite having a
deadline of September 30, 2022 by which to do so. See Case No. 5:22-cv-5100, W.D. Ark., Doc.
4. This would constitute additional grounds for dismissal of his appeal upon motion from an
appellee, or on the Court’s own motion “after notice.” See Fed. R. Bankr. P. 8018(a)(4).