Horowitz v. Sulla

Filing 6

ORDER DISMISSING CASE re 1 , 5 - Signed by JUDGE DERRICK K. WATSON on 6/19/2017. "Because Horowitz has not paid the proper filing fee, the Court DISMISSES this action without prejudice. The Clerk's Office is directed to c lose the case." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Leonard George Horowitz served by first class mail at the address of record on June 19, 2017.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I

LEONARD G. HOROWITZ,
Appellant,

CV. NO. 17-00197 DKW-RLP
Bankr. No. 16-00239

vs.
ORDER DISMISSING CASE
PAUL J. SULLA, Jr., et al.,
Appellees.

On April 21, 2017, Appellant Leonard G. Horowitz, proceeding pro se, filed
in United States Bankruptcy Court, District of Hawaii: (1) a Notice of Appeal and
Statement of Election, and (2) an Application To Proceed In District Court Without
Prepaying Fees Or Costs, seeking to proceed in forma pauperis on appeal (“IFP
Application”). On May 4, 2017, the Court denied the IFP Application and directed
Horowitz to pay the applicable filing fee by June 14, 2017. Dkt. No. 4 (5/4/2017
Order). The May 4, 2017 Order cautioned Horowitz as follows:
If Horowitz wishes to proceed with this appeal, he must remit the
appropriate filing fee by June 14, 2017. Failure to do so will
result in the automatic dismissal of this action.
5/4/2017 Order at 4.

On June 15, 2017, the Bankruptcy Court transmitted a Notice of Failure to
Pay Filing Fee, notifying this Court that “appellant has not paid the filing fee as of
the date of this notice, making the appeal ripe for dismissal.” Dkt. No. 5 (6/15/17
Notice). Despite the Court’s prior warning, Horowitz did not pay the applicable
filing fee by June 14, 2017. Dismissal of this appeal without prejudice is therefore
appropriate. See In re Perroton, 958 F.2d 889, 890 (9th Cir. 1992) (affirming
dismissal of pro se litigant’s appeal to the Bankruptcy Appellate Panel for failure to
pay required filing fee).
Because Horowitz has not paid the proper filing fee, the Court DISMISSES
this action without prejudice. The Clerk’s Office is directed to close the case.
IT IS SO ORDERED.
DATED: June 19, 2017 at Honolulu, Hawai‘i.

/s/ Derrick K. Watson
Derrick K. Watson
United States District Judge

Horowitz v. Sulla; CV 17-00197 DKW-RLP; ORDER DISMISSING CASE

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