Zuniga v. OneWest Bank, FSB
Filing
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ORDER DISMISSING APPEAL FOR FAILURE TO PROSECUTE. Signed by Judge Maxine M. Chesney on March 9, 2010. (mmclc1, COURT STAFF) (Filed on 3/9/2010)
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1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By order filed February 4, 2010, the Court directed appellant Jose Mario Zuniga ("Zuniga") to show cause, in writing and no later than February 12, 2010, why the abovetitled appeal from a decision of the Bankruptcy Court should not be dismissed for failure to prosecute. Said order was based on Zuniga's having failed to file in the Bankruptcy Court a Designation of Record, a Statement of Issues, and a Transcript Order Notice. To date, Zuniga has failed to respond in any way to the Court's order to show cause, and consequently, has not advised the Court whether he has filed the necessary In re JOSE MARIO ZUNIGA, Debtor, __________________________________ ONEWEST BANK, FSB, and its successors and/or assignees, v. Movant, No. C-10-0449 MMC ORDER DISMISSING APPEAL FOR FAILURE TO PROSECUTE United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
JOSE MARIO ZUNIGA, Debtor, and MARTHA G. BRONITSKY, Trustee, Respondents /
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documents in the Bankruptcy Court, and, if not, why he has failed to file them.1 In short, Zuniga has failed to show why the instant appeal should not be dismissed for failure to prosecute. Nonetheless, in an abundance of caution, the Court has reviewed the docket of the Bankruptcy Court, and, having completed such review, finds that Zuniga, in fact, has failed to file in the Bankruptcy Court a Designation of Record, a Statement of Issues, and a Transcript Order Notice. Accordingly, the Court finds that Zuniga has failed to prosecute the above-titled appeal, and hereby DISMISSES the instant appeal for failure to prosecute. IT IS SO ORDERED.
Dated: March 9, 2010
MAXINE M. CHESNEY United States District Judge
Approximately one month has passed since the deadline for Zuniga to respond to the order to show cause. 2
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