In Re: Steven Keith Zinnel

Filing 9

ORDER to SHOW CAUSE signed by District Judge Troy L. Nunley on 3/18/15. Appellant shall show cause why Appellee's motion to dismiss should not be granted. Appellant shall file a response within 30 days. (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN KEITH ZINNEL,

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No. 2:12-cv-1541-TLN

Appellant,
v.

ORDER

SUSAN K. SMITH,

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Appellee.

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Appellee Susan K. Smith (“Appellee”) has filed a motion to dismiss the above-captioned
action, for failure to prosecute. (ECF No. 7.) The Court notes the following background.
On June 7, 2012, Appellant Steven Zinnel (“Appellant”) filed an Appeal in this Court

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(ECF No. 1, the “Appeal”) from a May 24, 2012 order entered in Bankruptcy Case No. 05-18800-

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C-7. That order “granted the Trustee’s professionals’ (attorneys and CPAs) applications for

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allowance of interim compensation.” (ECF No. 7 ¶ 2.) No opening briefs have been filed with

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this Court.

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On June 5, 2013, the Court stayed the Appeal pending resolution of Appellee’s criminal
proceedings in this Court, Case No. 11-cr-0234-TLN. (ECF No. 6.)
Appellant was convicted in the criminal matter on July 16, 2013, and was sentenced to

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212 months of imprisonment on March 4, 2014. (Case No. 11-cr-0234, ECF Nos. 219, 321.)

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Subsequent to his conviction, Appellant has made no further filings in this case. On August 5,
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2014, Appellee filed the instant motion to dismiss, based on Appellant’s failure to prosecute the

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case. (ECF No. 7) Appellant has not filed an opposition.

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Appellant is hereby ordered to show cause why Appellee’s motion to dismiss (ECF No. 7)

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should not be granted. Appellant may also file a statement of non-opposition, or generally clarify

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his intent to litigate this case. A filing made by Appellant pursuant to this Order should respond

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to Appellee’s assertions (ECF No. 7 ¶ 14) that the relief requested is now moot. Appellant is

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directed to make such a filing such within 30 days of service of this Order.

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Dated: March 18, 2015

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Troy L. Nunley
United States District Judge

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