In Re Lofton Ryan Burris

Filing 20

MINUTE IN CHAMBERS DISMISSAL OF CONSOLIDATED APPEALS FOR LACK OF PROSECUTION by Judge John F. Walter: These consolidated appeals are hereby DISMISSED without prejudice for lack of prosecution. (Made JS-6. Case Terminated.) (jp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

CIVIL MINUTES -- GENERAL
Case No.

CV 14-6638-JFW
CV 14-8549-JFW

Date: May 14, 2015

Title: In re Lofton Ryan Burris
Lofton Ryan Burris, Appellant -v- Deutsche Bank National Trust Company, et al., Appellees
PRESENT:
HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE
Shannon Reilly
Courtroom Deputy

None Present
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS:
None
PROCEEDINGS (IN CHAMBERS):

ATTORNEYS PRESENT FOR DEFENDANTS:
None

DISMISSAL OF CONSOLIDATED APPEALS FOR
LACK OF PROSECUTION

On August 22, 2014, Appellant Lofton Ryan Burris (“Debtor”) filed a Notice of Appeal
regarding an order dismissing his objection to appellee Deutsche Bank and Wells Fargo’s claims in
his bankruptcy proceeding (the “Bankruptcy Appeal”). On November 4, 2014, Debtor filed a
second Notice of Appeal regarding an order dismissing Debtor’s adversary proceeding (the
“Adversary Appeal”). On December 17, 2014, this Court consolidated the two appeals.
On October 23, 2014, the United States Bankruptcy Court for the Central District of
California transmitted an Appeal Deficiency Notice to the Clerk of this Court, advising that Debtor
had failed to file a Statement of Issues, Designation of Record, and Notice of Transcript in the
Bankruptcy Appeal as required by Federal Rules of Bankruptcy Procedure. On November 25,
2014, the United States Bankruptcy Court for the Central District of California transmitted a second
Appeal Deficiency Notice to this Court, advising that Debtor had failed to file a notice of transcript
in the Adversary Appeal as required by Federal Rules of Bankruptcy Procedure. Accordingly, on
January 26, 2015, the Court issued an Order to Show Cause Re: Dismissal for Lack of
Prosecution, and ordered Debtor to show cause, in writing, no later than February 6, 2015, why
these appeals should not be dismissed for lack of prosecution. On February 6, 2015, Debtor filed a
Response to the Court’s Order to Show Cause, stating, in relevant part, that he had timely ordered

Initials of Deputy Clerk sr

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a transcript.1
Based on Debtor’s response, the Court continued the Order to Show Case to March 27,
2015. As of May 13, 2015, the Court has not received an additional response from Debtor or a
Certificate of Readiness and Completion of Record from the Bankruptcy Court.
Accordingly, these consolidated appeals are hereby DISMISSED without prejudice for lack
of prosecution.

IT IS SO ORDERED.

1

However, Debtor apparently requested a transcript for a hearing date of October 29, 2014,
which is not the subject of the appeals before this Court.
Initials of Deputy Clerk sr

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