Melcher v. Richardson

Filing 19

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE. Signed by Judge Ronald M. Whyte on Septmber 6, 2012. (rmwlc2, COURT STAFF) (Filed on 9/6/2012)

Download PDF
1 2 3 4 E-FILED on 9/6/12 5 6 7 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 12 JACQUELINE CARLIN MELCHER, 13 No. 11-cv-01616 RMW Appellant, ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE 14 v. 15 JOHN W. RICHARDSON, Trustee in Bankruptcy, 16 Appellee. 17 18 19 20 21 22 23 24 25 26 27 On September 20, 2011, this court issued an order to show cause why this case should not be dismissed for failure to prosecute, indicating that Jacqueline Melcher had commenced the action on March 18, 2011 but had not yet designated the record on appeal. See Dkt. No. 8. On October 21, 2011, the court ordered Ms. Melcher to file an adequate designation of the record by November 4, 2011 or face dismissal of her appeal. On October 29, 2011, Ms. Melcher asked the court to extend that deadline to December 1, 2011 because of other deadlines set by the bankruptcy court. The court extended the deadline to December 1, 2011, but stated that it would not entertain any further requests for extensions or additional time by Ms. Melcher. As more than nine months have passed and Ms. Melcher has still failed to designate a record, the court dismisses this action for failure to prosecute. The clerk shall close the file. 28 11-cv-01616 MEC — Order Dismissing Case for Failure to Prosecute 1 2 DATED: 9/6/12 RONALD M. WHYTE United States District Judge 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11-cv-01616 MEC — Order Dismissing Case for Failure to Prosecute 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?