In re Gracie Marie Miles

Filing 16

ORDER TO SHOW CAUSE. Signed by Judge ARMSTRONG on 8/4/11. (lrc, COURT STAFF) (Filed on 8/4/2011)

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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IN RE GRACE MARIE MILES, aka JANE
9 DOE, aka MARIE MILES, aka GRACE M.
MILES,
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Debtor.
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Case No: C 10-4725 SBA
ORDER TO SHOW CAUSE RE
DISMISSAL

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On October 20, 2010, Appellant Grace Marie Miles filed a pro se notice of appeal from
an Order Denying (1) Debtor’s Request for Entry of Discharge, and (2) Debtor’s Motion to
Waive Pacer User Fees, which was filed on September 28, 2010. (Docket 1, 1-5.) Federal
Rule of Bankruptcy Procedure 8006 requires an appellant to file with the bankruptcy court
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 within fourteen (14) days after filing the notice of
appeal. Upon perfection and entry of the record on the District Court’s docket, Appellant has
twenty-eight days to file her opening brief. (Docket 2.) Although more than nine months have
lapsed since Appellant initiated this appeal, Appellant has not filed her opening brief nor is
there any indication that she has perfected the record for appeal. Accordingly,
IT IS HEREBY ORDERED THAT Appellant shall show cause in writing why the
instant appeal should not be dismissed under Federal Rule of Civil Procedure 41(b) for failure
to prosecute. Within twenty-one (21) days of the date this order is filed, Appellant shall file a
memorandum explaining why the appeal should not be dismissed. The memorandum, which
shall be entitled, “Response to Order to Show Cause,” shall set forth the nature of the cause, its
present status, the reason it has not been brought to trial or otherwise terminated, any basis for

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opposing dismissal and its expected course if not dismissed. FAILURE TO FULLY COMPLY

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WITH THIS ORDER WILL BE DEEMED SUFFICIENT GROUNDS TO DISMISS THE

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ACTION, WITHOUT FURTHER NOTICE.

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IT IS SO ORDERED.

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Dated: August __, 2011

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
IN RE GRACE MARIE MILES,

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Plainitiff,
Case Number: CV10-04725 SBA

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CERTIFICATE OF SERVICE

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v.
IN RE GRACE MARIE MILES et al,
Defendant.

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/

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on August 4, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.
U.S. Trustee
Office of the U.S. Trustee / SF
Office of the U.S. Trustee
235 Pine Street
Suite 700
San Francisco, CA 94104
United States Bankruptcy Court Northern District of California
USBC-San Francisco
for the Northern Dist. of CA
235 Pine St
P.O. Box 7341
San Francisco, CA 94104
Grace Marie Miles
P.O. Box 1246
Menlo Park, CA 94026
Judge Thomas E. Carlson
US Bankruptcy Court
235 Pine Street
PO Box 7341
San Francisco, CA 94120
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Dated: August 4, 2011
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Richard W. Wieking, Clerk

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By: LISA R CLARK, Deputy Clerk

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