De Luca v. Landis

Filing 9

ORDER DISMISSING CASE. This case is DISMISSED WITH PREJUDICE for lack of prosecution pursuant to Federal Rule of Civil Procedure 41(b) and Federal Rule of Bankruptcy 8001. The Clerk shall close this file. Signed by Judge Edward J. Davila on 8/5/2013. (ejdlc1, COURT STAFF) (Filed on 8/5/2013)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 SAN JOSE DIVISION 5 IN RE: CASE NO. 5:13-cv-00046 EJD 6 PATRICIA DE LUCA, (Appeal from In re Patricia De Luca), Bankr. N.D. Cal. (San Jose) Case No. 12-51940 SLJ) 7 Debtor. ORDER DISMISSING CASE 8 9 / 11 For the Northern District of California United States District Court 10 12 On July 22, 2013, the court ordered Appellant to show cause in writing by August 2, 2013, 13 why this case should not be dismissed for lack of prosecution because the record had not appeared 14 on the District Court docket. See Docket Item No. 5. In particular, the court ordered Appellant to 15 investigate the whereabouts of the record and file a declaration detailing her efforts. The court 16 further admonished Appellant that this action would be dismissed with prejudice should she fail to 17 respond. 18 As of this date, Appellant has not complied with the show cause order as directed. 19 Accordingly, this case is DISMISSED WITH PREJUDICE for lack of prosecution pursuant to 20 Federal Rule of Civil Procedure 41(b) and Federal Rule of Bankruptcy 8001. The Clerk shall close 21 this file. 22 IT IS SO ORDERED. 23 24 Dated: August 5, 2013 EDWARD J. DAVILA United States District Judge 25 26 27 28 1 CASE NO. 5:13-cv-00046 EJD ORDER DISMISSING CASE

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