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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Case No. C-12-01768-RMW

JACQUELINE CARLINE MELCHER,
Appellant,

ORDER GRANTING MOTION TO
DISMISS

v.
JOHN W. RICHARDSON, Trustee in
Bankruptcy,

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[Re Docket No. 7]

Appellee.

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Appellee John W. Richardson moves to dismiss for lack of prosecution the appeal of

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Jacqueline Carline Melcher from the bankruptcy court's March 13, 2012 supplemental order.

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Melcher filed an untimely opposition and request for an extension on December 20, 2012, the day

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before the hearing.

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Pursuant to Federal Rule of Bankruptcy Procedure 8006, Melcher was required to file

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with the clerk of the Bankruptcy Court and serve on Richardson a designation of the items to be

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included in the record on appeal and a statement of issues to be presented within 14 days of filing

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the notice of appeal. This filing was due on April 5, 2012. To date, Melcher has not filed the

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required documents. Maher Decl. ¶ 4, Dkt. No. 7

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ORDER GRANTING MOTION TO DISMISS
CASE NO. C-12-01768-RMW

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This court has already dismissed eight prior appeals of Melcher's for failure to prosecute.

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See Maher Decl. ¶¶ 5-8. As noted previously, Melcher is familiar with the appeal process. See

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Order, No. 12-cv-00336, Dkt. No. 16 (July 16, 2012).

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Therefore, the court grants Richardson's motion to dismiss and denies Melcher's motion
for an extension of time.

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Dated: December 21, 2012
Ronald M. Whyte
United States District Court Judge

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ORDER GRANTING MOTION TO DISMISS
CASE NO. C-12-01768-RMW

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