In Re: Tammy Lynn Figuera

Filing 6

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 8/6/14. Appellant shall Show Cause by 8/18/2014 why her bankruptcy appeal should not be dismissed for failure to prosecute. (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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In re Tammy Lynn Figuera,

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No.

Debtor,
BK Case No.

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2:14-cv-00863-GEB
14-21730-A-7

Tammy Lynn Figuera,
ORDER TO SHOW CAUSE

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Appellant,

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v.

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Jesbir Brar,

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Appellee.

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Appellant

Tammy

Lynn

Figuera

(“Appellant”)

filed

a

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Notice

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Bankruptcy Appeal 7, ECF No. 1.) Appellee subsequently elected to

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have this Court decide the appeal; therefore, the appeal was

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transferred from the Ninth Circuit Bankruptcy Appellate Panel to

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this Court on April 7, 2014. (Id. 1-4.)

of

Bankruptcy

Appeal

on

March

26,

2014.

(Notice

of

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On April 9, 2014, the Clerk’s Office notified Appellant

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the “next step in prosecuting [her] appeal is compliance with

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F.R.B.P. 8006 and 8007[, which] require the appellant to file

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within 14 days a designation of record, statement of issues on

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appeal[,] and a notice regarding the ordering of transcripts with

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1

1

the

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omitted).)

bankruptcy

court.”

(Opening

Letter,

ECF

No.

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(emphasis

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Appellant filed a motion in this Court on April 23,

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2014, which was construed as a request to extend time under

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Federal Rules of Bankruptcy Procedure (“Rules”) 9001(b) to file a

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designation

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(Appellant’s Mot., ECF No. 3.) That request was denied without

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prejudice on April 29, 2014, since it “should [have] be[en] filed

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in the bankruptcy court.” (Order 2:1-3, ECF No. 4.)

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of

record

There

has

and

been

no

statement

further

of

issues

activity

on

appeal.

concerning

the

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appeal in this Court. Further, a “Notice of Incomplete or Delayed

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Record to District Court Re: Bankruptcy Cases” was received from

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the bankruptcy court on July 23, 2014, which states Appellant has

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not

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statement of issues, reporter’s transcript, or notice regarding

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the transcript. (ECF No. 5.) The July 23, 2014 Notice further

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states Appellant has not paid her filing fee. (Id.)

filed

in

the

bankruptcy

court

a

designation

of

record,

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Therefore, Appellant is Ordered to Show Cause (“OSC”)

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in a writing to be filed in this Court no later than August 18,

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2014, why her bankruptcy appeal should not be dismissed under

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Federal

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prosecute

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Bankruptcy Procedure.

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Dated:

Rule

of

Civil

and/or

comply

Procedure
with

the

August 6, 2014

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2

41(b)
Federal

for

her

Rules

of

failure
Civil

to
and