M.P.I. Ltd. Trust et al v. Hu et al

Filing 7

ORDER DISMISSING CASE re 1 - Signed by JUDGE DERRICK K. WATSON on 10/19/2017. "Because neither Kromer nor Appellant MPI Ltd. Trust has paid the proper filing fee, and because Kromer has not otherwise complied with the Court's September 19, 2017 Order, the Court DISMISSES this action without prejudice. The Clerk's Office is directed to close 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). David Douglas Kromer served by first class mail to the address of record on October 19, 2017.

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

M.P.I. LTD. TRUST; DAVID
DOUGLAS KROMER, TRUSTEE,

CV. NO. 17-00460 DKW-KSC
Bankr. No. 17-00245

Appellants,
vs.

ORDER DISMISSING CASE

HOWARD M.S. HU, TRUSTEE, et al.,
Appellees.

On September 13, 2017, one of the Appellants in this bankruptcy appeal,
David Douglas Kromer, Trustee, purportedly on behalf of Appellant M.P.I. Ltd.
Trust, 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 September 19, 2017, the Court denied the IFP
Application without prejudice and directed Kromer to file a fully executed IFP
Application or pay the applicable filing fee by October 16, 2017. Dkt. No. 4
(9/19/2017 Order). The September 19, 2017 Order cautioned Kromer as follows:
If Kromer wishes to proceed with this appeal, he must either
(1) re-submit a fully executed IFP Application or (2) remit the

appropriate filing fee by October 16, 2017. Failure to do so
will result in the automatic dismissal of this action.
1.

The Clerk of Court is DIRECTED to send Kromer a copy
of this Order and the Court’s Application to Proceed in
forma pauperis with the accompanying information sheet.

2.

Kromer is GRANTED until October 16, 2017 to (a) pay
the filing fee; or to (b) submit a completed and executed
application to proceed in forma pauperis on the form
provided by the court with this Order.

3.

Failure to timely file an in forma pauperis application or
to pay the applicable filing fee by October 16, 2017 will
result in AUTOMATIC DISMISSAL of this action.

9/19/2017 Order at 4–5.
On October 18, 2017, the Bankruptcy Court transmitted a Notice of Failure to
Pay Filing Fee, notifying this Court that “the bankruptcy court has not received as of
the date of this notice the required filing fee of $298, nor a completed and executed
IFP application, making the appeal ripe for dismissal by the district court.” Dkt.
No. 6 (10/18/17 Notice). Despite the Court’s prior warning, Kromer did not timely
file an IFP application or pay the applicable filing fee by October 16, 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 neither Kromer nor Appellant MPI Ltd. Trust has paid the proper
filing fee, and because Kromer has not otherwise complied with the Court’s
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September 19, 2017 Order, the Court DISMISSES this action without prejudice.
The Clerk’s Office is directed to close the case.
IT IS SO ORDERED.
DATED: October 19, 2017 at Honolulu, Hawai‘i.

M.P.I. Ltd. Trust et al. v. Hu et al.; CV 17-00460 DKW-KSC; ORDER
DISMISSING CASE

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