Oxholm-Dababneh

Filing 8

ORDER GRANTING 5 Motion to Dismiss. Signed by District Judge Terrence G. Berg. (Chubb, A)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
In re AVELINA MONICA
OXHOLM-DABABNEH,
Debtor.

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AVELINA MONICA
OXHOLM-DABABNEH,

Case No. 13-12075
HON. TERRENCE G. BERG

Appellant,

Bankruptcy No. 12-31088
HON. DANIEL OPPERMAN

v.
PB REIT, INC.,
Appellee.

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ORDER GRANTING MOTION TO DISMISS APPEAL
This action is an appeal from the Bankruptcy Court. After filing a notice of
appeal, Appellant Avelina Monica Oxholm-Dababneh has filed nothing else: no
opening brief, no response to Appellee’s Motion to Dismiss Appeal (Dkt. 5), and no
response to this Court’s July 22, 2013 Order to Show Cause why Appellee’s Motion
to Dismiss the Appeal should not be granted (Dkt. 7).
Under Federal Rule of Bankruptcy Procedure 8001(a), when an appellant
files a notice of appeal but thereafter fails to take any other action, the district court
has discretion to take any action it deems appropriate, including dismissing the
appeal. Fed. R. Bankr. P. 8001(a) (“An 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 or bankruptcy appellate panel

deems appropriate, which may include dismissal of the appeal.”); see also In re
Creditors Services Corp., 182 F.3d 916 (Table), 1999 WL 519296 (6th Cir. July 15,
1999) (noting the “court will reverse a dismissal for negligence, indifference, or bad
faith only for an abuse of discretion”) (citing In re Winner Corp., 632 F.2d 658, 661
(6th Cir.1980)).
Based on the record before the Court, it is clear that Appellant is indifferent
to the outcome of this appeal. The Court has already ordered Appellant to show
cause, if such cause exists, why the appeal should not be dismissed, but Appellant
has further demonstrated her indifference by making no response to the Court’s
Order.
Accordingly, in light of Appellant’s apparent indifference, Appellee’s Motion
to Dismiss Appeal (Dkt. 5) is GRANTED, and the appeal is DISMISSED.
SO ORDERED.
s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

Dated: July 30, 2013

Certificate of Service
I hereby certify that this Order was electronically submitted on July 30,
2013, using the CM/ECF system, which will send notification to all parties.
s/A. Chubb
Case Manager

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