in re Deborah A. MacMillan

Filing 5

ORDER & OPINION entered by Judge Joe Billy McDade on 8/11/2017. IT IS THEREFORE ORDERED that Appellant's appeal is DISMISSED pursuant to Federal Rule of Bankruptcy Procedure 8003 and Federal Rule of Civil Procedure 41(b) for failure to prosecute. The Clerk is directed to enter a judgment dismissing the bankruptcy appeal of appellant, Deborah MacMillan, in case No. 17-bk-80565, instanter. CASE TERMINATED.(JS, ilcd)

E-FILED

Friday, 11 August, 2017 12:25:45 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
DEBORAH A MACMILLAN,
Appellant,
v.
U.S. TRUSTEE, Office of Nancy J.
Gargula,
Appellee.

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Case No. 1:17-cv-01193-JBM

ORDER & OPINION
The matter before the Court is Appellant Deborah MacMillan’s appeal from
the dismissal her bankruptcy proceedings in In re MacMillan, No. 17-bk-80565
(Bankr. C.D. Ill. 2017) pursuant to 28 U.S.C. § 158.
On April 19, 2017, Appellant filed a Chapter 13 Voluntary Petition in the
Central District of Illinois United States Bankruptcy Court. See In re MacMillan, No.
17-bk-80565 (Bankr. C.D. Ill. Apr. 19, 2017). On April 27, 2017, the Bankruptcy Court
issued two orders. One order struck Appellant’s Debtor’s Initial Statement About an
Eviction (Form 101A) and Statement About Payment of Eviction Judgment (Form
101B). The other order dismissed Appellant’s Chapter 13 bankruptcy case. (Doc. 2 at
17-18).
On May 1, 2017, Appellant filed a “Notice of Appeal on Dismissal of Case and
the Striking of Form 101A and Form 101B.” (Doc. 1 at 1). However, since May 1, 2017,
Appellant has taken no further action in this appeal despite the several of the Federal
Rules of Bankruptcy Procedure, which require Appellant to act within a certain

amount of time after filing appeal. See, e.g., Fed. R. Bank. P. 8014 (requiring
appellant to serve and file a brief within 30 days after the docketing of the notice that
the record has been transmitted or is available electronically1).
On August 2, 2017, the Court issued Appellant an order to show cause as to
why no action has been taken in the three months the bankruptcy appeal has been
pending. See August 2, 2017 Text Order. The Court gave Appellant seven days to
show cause as to why this appeal should not be dismissed for failure to prosecute
pursuant to Federal Rule of Bankruptcy Procedure 8003 and Federal Rule of Civil
Procedure 41(b).
It is now August 11, 2017, and Appellant has not responded to the Court’s
Order to Show Cause. Appellant has also not taken any steps to progress her appeal.
IT IS THEREFORE ORDERED that Appellant’s appeal is DISMISSED
pursuant to Federal Rule of Bankruptcy Procedure 8003 and Federal Rule of Civil
Procedure 41(b) for failure to prosecute. The Clerk is directed to enter a judgment
dismissing the bankruptcy appeal of appellant, Deborah MacMillan, in case No. 17bk-80565, instanter.
CASE TERMINATED.

Entered this __11th___ day of August, 2017.
s/ Joe B. McDade
JOE BILLY McDADE
United States Senior District Judge

On May 18, 2017, Notice that the record had been transmitted was docketed. (Doc.
2). On May 19, 2017, the Clerk mailed Appellant a copy of that notice.

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