In re Martin Deloera Garcia
ORDER Dismissing re 1 Bankruptcy Appeal, filed by Martin Deloera Garcia. Signed by Judge Claudia Wilken on May 27, 2010. (cwlc1, COURT STAFF) (Filed on 5/27/2010)
1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On April 8, 2010, Appellant Martin D. Garcia filed a notice of appeal from a judgment of the bankruptcy court. On May 13, 2010, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MARTIN D. GARCIA, Appellant, v. Office of the Trustee, Appellee. / No. 10-01487 CW ORDER DISMISSING BANKRUPTCY APPEAL
United States Bankruptcy Court Judge Alan Jaroslovsky filed a recommendation that the appeal be dismissed due to Appellant's failure to complete the record on appeal with the clerk of the bankruptcy court by supplying a designation of record and a statement of issues as required by Bankruptcy Rule 8006. Under Bankruptcy Rule 8006, within ten days after filing the notice of appeal, the appellant shall file with the clerk and serve on the appellee a designation of the items to be included in the record on appeal and a statement of the issues to be presented. Because Appellant filed his notice of appeal on April 8, 2010, his designation of record and statement of issues should have been filed no later than April 19, 2010. Because Appellant did not
1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
complete the record by the date required by Bankruptcy Rule 8006, the Court adopts the recommendation of the bankruptcy court and dismisses this appeal. CONCLUSION Accordingly, this bankruptcy appeal is dismissed. shall close the file. The clerk
IT IS SO ORDERED.
Dated: May 27, 2010
CLAUDIA WILKEN United States District Judge
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