Sheikh
Filing
6
ORDER DISMISSING APPEAL FOR FAILURE TO PROSECUTE (Illston, Susan) (Filed on 7/16/2012)
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
CV 11-6274 SI
9
United States District Court
For the Northern District of California
10
11
12
13
In re:
NASIR SHEIKH,
ORDER DISMISSING APPEAL FOR
FAILURE TO PROSECUTE
Debtor/Appellant.
___________________________________/
14
The Notice of Appeal in this bankruptcy appeal was filed on December 13, 2011. Dkt 1. The
15
Record on Appeal was entered on March 16, 2012. Dkt. 3. Pursuant to Fed. R. Bankr. P. 8010 and
16
B.L.R. 8010-1, appellant then had until April 17, 2012 (30 days after entry in the District Court docket)
17
to serve and file a brief not exceeding 25 pages in length. See Bankr. Scheduling Order, dkt. 4. On June
18
18, 2012, after having not received any filings from appellant, the Court issued an Order to Show Cause
19
why this appeal should not be dismissed for failure to prosecute, pursuant to Fed. R. Bankr. P. 8001(a).
20
The Court gave appellant until June 30, 2012 to show cause. Appellant has not made any filings nor
21
contacted the Court in any other way.
22
The District Court has the authority to dismiss a case for lack of prosecution pursuant to its
23
inherent authority, Fed. R. Civ. P. 41(b), and Fed. R. Bankr. P. 8001(a). See Link v. Wabash R. Co., 370
24
U.S. 626, (1962); In re: Donovan, 871 F. 2d 807, 808 (9th Cir. 1989) (analogizing dismissal of a
25
bankruptcy appeal for failure to prosecute to a dismissal under Fed. R. Civ. P. 41(b)). Failure to
26
prosecute diligently alone justifies dismissal, even where actual prejudice to the defendant is not shown.
27
Moore v. Telfon Communications Corp., 589 F.2d 959, 967 (9th Cir. 1978).
28
It has been seven months since the Notice of Appeal was entered, four months since the Record
on Appeal was filed, and one month since the Court issued its Order to Show Cause. Appellant has not
1
made any filings regarding this appeal nor contacted the Court in any other way. The Court finds that
2
under these circumstances, dismissal is warranted. See In re: Fitzsimmons, 920 F.2d 1468, 1470 (9th
3
Cir. 1990) (affirming dismissal where appellant delayed service of designation for over a month); In re:
4
600 Alabama, 2010 WL 2653289 (N.D. Cal. July 2, 2010) (Armstrong, J.) (dismissing appeal where
5
appellants failed to make any filings with the Court nine months after notice of appeal was filed).
6
This appeal is DISMISSED for failure to prosecute. The Clerk shall close the file.
7
8
IT IS SO ORDERED.
9
Dated: July 16, 2012
United States District Court
For the Northern District of California
10
SUSAN ILLSTON
United States District Judge
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?