In the Matter of: Tracey W. Pignone

Filing 3

ORDER dismissing this case. Signed by Judge William T. Moore, Jr on 12/29/14. (bcw)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

:

TRhCEY W. PIGNONE,
Appellant,
CASE NO. CV414-032

V.

0. BYRON MEREDITH, III,
Appellee.

ORDER

Before the Court is Appellant's Notice of Appeal, which was
filed on February 3, 2014 in United States Bankruptcy Court for
the Southern District of Georgia, Savannah Division. (Doc. 1 at
101.) This appeal was docketed in the United States District
Court for the Southern District of Georgia, Savannah Division on
February 21, 2014. Appellant was required to file her brief in
this Court within fourteen days after that date. Fed. R. Bankr.
P. 8009(a) (1). However, a review of the docket in this matter
indicates that a brief has never been filed. Indeed, the only
activity in this case has been by the bankruptcy court and
includes compiling the record and an order discussed below.
Another bankruptcy rule provides, in part, that "[a]n
appellant's failure to take any step other than timely filing a
notice of appeal does not affect the validity of the appeal, but
is ground only for such action as the district court . . . deems
appropriate, which may include dismissal of the appeal." Fed.

R. Eankr. P. 8001(a).

The Court finds that nearly ten months

have passed since Appellant's brief was first due. "[Wjhere, as
here, the appellant had more than ample time to comply with the
rules, failure to do so weighs more heavily in favor of
dismissal." Taylor v. Adams, 2008 WL 4441964, at

*5_*6 (E.D.

Tex. Sept. 25, 2008) (unpublished) (dismissing bankruptcy appeal
where deadline to file a brief was November 12, 2007 and
appellee first filed a motion to dismiss for failure to file a
Accordingly, this appeal

brief on December 12, 2007).
DISMISSED

for failure to timely file a brief.

The Clerk of

Court is DIRECTED to close this case.
SO ORDERED this

2r

day of December 2014.

WILLIAM T. MOO
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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is