Melcher

Filing 11

Order by Hon. Ronald M. Whyte granting 7 Motion to Dismiss for Lack of Prosecution.(rmwlc2, COURT STAFF) (Filed on 12/21/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 Case No. C-12-01766-RMW JACQUELINE CARLINE MELCHER, Appellant, ORDER GRANTING MOTION TO DISMISS v. JOHN W. RICHARDSON, Trustee in Bankruptcy, 17 [Re Docket No. 7] Appellee. 18 19 Appellee John W. Richardson moves to dismiss for lack of prosecution the appeal of 20 Jacqueline Carline Melcher from an order denying Melcher's: (1) motion for reconsideration of 21 the order approving compromise; (2) motion to compel; and (3) motion for order to show cause re 22 contempt. Melcher filed an untimely opposition and request for an extension on December 20, 23 2012, the day before the hearing. 24 Pursuant to Federal Rule of Bankruptcy Procedure 8006, Melcher was required to file 25 with the clerk of the Bankruptcy Court and serve on Richardson a designation of the items to be 26 included in the record on appeal and a statement of issues to be presented within 14 days of filing 27 28 ORDER GRANTING MOTION TO DISMISS CASE NO. C-12-01766-RMW sw -1- 1 the notice of appeal. This filing was due on April 5, 2012. To date, Melcher has not filed the 2 required documents. Maher Decl. ¶ 4, Dkt. No. 7 3 This court has already dismissed eight prior appeals of Melcher's for failure to prosecute. 4 See Maher Decl. ¶¶ 5-8. As noted previously, Melcher is familiar with the appeal process. See 5 Order, No. 12-cv-00336, Dkt. No. 16 (July 16, 2012). 6 7 Therefore, the court grants Richardson's motion to dismiss and denies Melcher's motion for an extension of time. 8 9 Dated: December 21, 2012 Ronald M. Whyte United States District Court Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING MOTION TO DISMISS CASE NO. C-12-01766-RMW sw -2-

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