JONES-MASON v. WILLINGBORO TOWNSHIP

Filing 5

MEMORANDUM ORDER that this appeal is DISMISSED without prejudice; and it is further ORDERED that the Clerk of the Court is directed to CLOSE this matter. The Clerk of the Court is directed to mail a copy of this Order to Appellant's address on record. Signed by Judge Robert Kirsch on 2/5/2024. (mlh)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

LISA M. JONES-MASON,
Appellant,

Civil Action No. 23-14223 (RK)
V.

WILLINGBORO TOWNSHIP,

MEMORANDUM ORDER

Appellee.

THIS MATTER comes before the Court upon a notice of appeal from the Bankruptcy
Court on September 1, 2023 filed by Appellant Lisa M. Jones-Mason. (ECF No. 1.) Appellant
appeals from the Bankruptcy Court's August 22, 2023 "Revised Order Granting [Respondent]
Willingboro Township's Motion to Vacate Default and Dismissing Adversary Complaint, and
Denying Motion for Preliminary Injunction." (ECF No. 1-2.) The Banlcmptcy Court's docket notes
that Appellant's designation of record was due by September 13, 2023. (Adv. Pro. Case No. 23-

1093, ECF No. 62.)
Appellant did not file a designation of record within fourteen days as required by Federal
Rule of Bankruptcy Procedure 8009. On October 6,2023, the Clerk of the Bankruptcy Court filed
a Certification of Failure to File Designation of Record. (ECF No. 3.) The Bankruptcy Court
granted Appellant's request to voluntarily dismiss the underlying bankruptcy proceeding on
October 10, 2023, (Bkr. Case No. 22-13530, ECF No. 97), and dismissed Appellant's adversary
proceeding, in which the order she now appeals was entered, on November 3, 2023, (Adv. Pro.
Case No. 23-1093, ECF No. 77). On November 13,2023, this Court issued an Order to show cause
why the matter should not be dismissed for failure to prosecute the appeal.

To date. Appellant has failed to file a designation of record on appeal, respond to this
Court's order to show cause, or otherwise prosecuted her appeal. Federal Rule of Bankruptcy
Procedure 8003 permits the District Court to dismiss an appeal if an appellant fails to "take any
step" required by the Rules. Appellant here has failed to file the designation of record for over five
months despite the Court's order for her to do so.
Therefore, IT IS on this 5th day of February, 2024,

ORDERED that this appeal is DISMISSED without prejudice; and it is further
ORDERED that the Clerk of the Court is directed to CLOSE this matter; and it is further
ORDERED that the Clerk of the Court is directed to mail a copy of this order to
Appellant's address on record.

ROBERT KiteCH
UNITED STATES DISTRICT JUDGE