Farrell v. Jensen et al

Filing 10

ORDER dismissing case. The Appellant, Patrick Farrell's Bankruptcy Appeal is DISMISSED with prejudice. The Clerk of the Court is directed to enter judgment accordingly and terminate any pending motions. The Clerk is further directed to transmit a copy of this Order and Judgment to the Clerk of the Bankruptcy Court and close the appellate file. Signed by Judge Sheri Polster Chappell on 1/18/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN RE: PATRICK FARRELL

PATRICK FARRELL,
Appellant,
v.

Case No: 2:16-cv-230-FtM-38

DIANE L. JENSEN,
Appellee.
/
ORDER1
This matter comes before the Court on its January 9, 2017, Order to Show Cause
Why the Case Should Not be Dismissed (Doc. #9). The Court entered an Order to Show
Cause why the Appellant, Patrick Farrell, had not filed an initial brief in accord with the
Federal Rules of Bankruptcy Procedure.
Under Federal Rule of Bankruptcy Procedure 8009(a)(1), Appellant was required
to file an initial brief by April 29, 2016. In response to Appellant’s failure to do so, the
Court entered an Order to Show Cause that allowed him up to and including January 13,
2017, to file his initial brief. The Appellant was warned that failure to file a brief as directed
by the Court would result in the appeal being dismissed without further notice. To date

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Appellant has failed to file an initial brief and the time to do so has expired. Appellant’s
Appeal of the Bankruptcy Decision is due to be dismissed with prejudice.
Accordingly, it is now
ORDERED:
The Appellant, Patrick Farrell’s Bankruptcy Appeal is DISMISSED with prejudice.
The Clerk of the Court is directed to enter judgment accordingly and terminate any
pending motions. The Clerk is further directed to transmit a copy of this Order and
Judgment to the Clerk of the Bankruptcy Court and close the appellate file
DONE and ORDERED in Fort Myers, Florida this 18th day of January, 2017.

Copies: All Parties of Record

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