Phillips v. Chen et al

Filing 5

OPINION AND ORDER that this action is DISMISSED pursuant to Local Rule 41.3(A)(2) for failure to comply with a lawful order of the Court. Signed by Judge William S. Duffey, Jr on 4/19/2016. (anc)

civil case for want of prosecution if: . . . [a] plaintiff . . . shall, after notice, . . . fail
or refuse to obey a lawful order of the court in the case.” LR 41.3(A)(2), NDGa;
see also BLR 7041-1(a)(2), NDGa; In re Arnold, 166 F. App’x 424, 424-25 (11th
Cir. 2006) (district court did not abuse its discretion in dismissing bankruptcy
appeal for failure to comply with the court’s order to pay filing fee.)1
Appellant failed to pay the required fee, and failed to comply with the
Court’s Order after being advised that failure to comply will result in dismissal of
this action. This action is dismissed pursuant to Local Rule 41.3(A)(2).
For the foregoing reasons,
IT IS HEREBY ORDERED that this action is DISMISSED pursuant to
Local Rule 41.3(A)(2) for failure to comply with a lawful order of the Court.

1

The Federal Bankruptcy Rules apply to bankruptcy proceedings adjudicated
in district court. Rosenberg v. DVI Receivables XIV, LLC, ––– F.3d –––, –––,
2016 WL 1392642, at *3 (11th Cir. Apr. 8, 2016). Rule 9029(a)(1) of the Federal
Rules of Bankruptcy Procedure provides that district courts may “make and amend
rules governing practice and procedure in all cases and proceedings within the
district court’s bankruptcy jurisdiction which are consistent with . . . these
rules . . . .”

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SO ORDERED this 19th day of April, 2016.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

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