Sheikh

Filing 6

ORDER DISMISSING APPEAL FOR FAILURE TO PROSECUTE (Illston, Susan) (Filed on 7/16/2012)

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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

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