In re: Kostyshyn

Filing 14

MEMORANDUM ORDER : (1) The recommendation is accepted and a briefing scheduled will be entered upon payment of the filing fee; (2) appellant's combined motion for partial payment plan schedule (D.I. 12 ) is denied, request for counsel (D.I. [12 ]) is denied without prejudice to renew, and pretrial conference (D.I. 12 ) is denied without prejudice; (3) appellant's combined motion to remand to bankruptcy court (D.I. 13 ) is denied without prejudice and motion for injunctive relief (D. I. 13 ) is denied; and (4) appellant shall pay the $298.00 filing fee in full in one payment as directed in the November 5, 2015 Order (D.I. 4 ) on or before 2/4/2016. Appellant is placed on notice that the appeal will be dismissed should he fail to pay the filing fee in full and in one payment. ORDER, Setting Deadlines: ( Notice of Compliance deadline set for 2/4/2016). Signed by Judge Sue L. Robinson on 1/4/2016. (klc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re:

)

PETER KOSTYSHYN,

) Chapter 13
)
,

) Br. No. 15-10789 (BLS)
)
)

Debtor.

PETER KOSTYSHYN,
Appellant,

v.
CITY OF WILMINGTON, et al.,
Appellees.

)
)
)
) Civ. No. 15-997-SLR
)
)
)
)
MEMORANDUM ORDER

At Wilmington this

~day of ~

, 201~,

0
Having received a recommenYation tro m Chief Magistrate Judge Mary Pat

Thynge that this case be withdrawn from the mandatory referral for mediation and
proceed through the appellate process of this court; and having considered appellant's
motions (D.I. 12, 13);
IT IS ORDERED that: (1) the recommendation is accepted and a briefing
scheduled will be entered upon payment of the filing fee; (2) appellant's combined
motion for partial payment plan schedule (D.I. 12) is denied, request for counsel (D.I.
12) is denied without prejudice to renew, and pretrial conference (D.I. 12) is denied
without prejudice; (3) appellant's combined motion to remand to bankruptcy court (D.I.
13) is denied without prejudice and motion for injunctive relief (D. I. 13) is denied; and
(4) appellant shall pay the $298.00 filing fee in full in one payment as directed in the

November 5, 2015 order (D.I. 4), on or before

h.brv'*f

4

, 2016, for the

reasons that follow:
1. On October 30, 2015, Peter Kostyshyn ("appellant"), an inmate at the Howard
R. Young Correctional Institution, proceeding prose, filed a notice of appeal from a
September 25, 2015 order entered by the United States Bankruptcy Court for the
District of Delaware. Appellant sought to proceed in forma pauperis, and the request
was denied on November 5, 2015. 1 (D.I. 4)
2. Attempts have been made to remit partial payments of the filing fee owed.
However, the Clerk of Court does not accept partial payments when a litigant has been
denied in forma pauperis status, and appellant has been advised that full payment is
required. (D.I. 7, 8) Appellant requests a payment plan for payment of the filing fee.
The motion is denied. Appellant shall pay the $298.00 filing fee in full. Appellant is

placed on notice that the appeal will be dismissed should he fail to pay the filing
fee in full and in one payment, on or before (e.bfi.1"""'(

f

'2016.

3. On November 23, 2015, appellant filed a request for counsel and moved for
injunctive relief to set aside a Sheriff's sale. (D.I. 9) Both motions were denied. (D.I.
11) Appellant renews his request for counsel and for injunctive relief. (See D.I. 12, 13)
The request for counsel and motion for injunctive relief will be denied for the reasons set
forth in the December 1, 2015 memorandum order (D.I. 11).
4. Appellant's request for a pretrial conference (D.I. 12) is denied without
prejudice. Similarly, appellant's motion to remand to bankruptcy court (D.I. 13) is

1

The filing fee has not yet been paid.

2

denied without prejudice. Appellant may renew the motions upon full payment of the
filing fee.

3