King v. Kendall

Filing 5

ORDER DISMISSING BANKRUPTCY APPEAL FOR WANT OF PROSECUTION. Signed by Judge Alsup on December 29, 2009. (whalc1, COURT STAFF) (Filed on 12/29/2009) (Additional attachment(s) added on 12/30/2009: # 1 Certificate of Service) (dt, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 PAMELA M. KING, Appellant, v. JOHN KENDALL, Appellee. / No. C 09-02157 WHA Bankruptcy No. 09-41673 RJN ORDER DISMISSING APPEAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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As summarized in the order to show cause filed on December 1, 2009, this bankruptcy appeal has been languishing before the undersigned for half a year, awaiting any action by the parties to dismiss the appeal, perfect the record on appeal, or move the process forward (Dkt. No. 3). While pro se appellant, Pamela M. King, filed a timely notice of appeal from an order entered by the bankruptcy court, she failed to file and serve a designation of items to be included in the record on appeal within ten days pursuant to Bankruptcy Rule 8006. Moreover, neither party ordered transcripts of the bankruptcy hearings for this appeal. Finally, appellant has failed to keep her address of record current, and therefore the Clerk as been unable to deliver the prior order to her (Dkt. No. 4). While it is the policy of the undersigned to be accommodating to pro se parties with respect to deadlines, it is unclear how any accommodations can be made when appellant cannot be reached. Additionally, six months is beyond a reasonable time to wait for the parties to show signs of life.

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These facts, taken together, provide compelling evidence that appellant is no longer interested in pursuing her appeal. The undersigned, therefore, has no choice but to dismiss the appeal under FRCP 41(b) for failure to prosecute. Additionally, a separate ground that would also justify this dismissal is appellant's failure to perfect the record on appeal under Bankruptcy Rule 8006. See In re Sanowski, 223 Fed.Appx. 642 (9th Cir. 2007) (unpublished) (holding that a debtor's failure to timely file a designation of the bankruptcy court record supported the dismissal of her appeals). This bankruptcy appeal, therefore, is hereby DISMISSED, and THE CLERK SHALL CLOSE THE FILE.

IT IS SO ORDERED.

United States District Court

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For the Northern District of California

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Dated: December 29, 2009.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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