Woody v. Bank of America, N.A. et al

Filing 10

Order Dismissing Case - Signed by Chief Judge James C. Dever III on 2/22/2017. (Briggeman, N.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

INRE:
FRED WOODY, JR.

CASE NO. 5:16-cv-00877-D

ORDER DISMISSING APPEAL
The matter before the court is the notice of appeal filed on October 31, 2016 by Fred .
Woody, Jr. of the court's order of September 30, 2016 denying stay of eviction.
The court finds that the appellant failed to file a designation of items to be included in the
record on appeal as required by Rule 8009 of the Federal Rules ofBankruptcy Procedure. By a
memorandum dated November 2, 2016, the court directed the appellant to this rule for
compliance; however, the appellant has failed to comply and has not filed the designation of
. items.
The court further finds that the appellant has failed to file the fee for the appeal pursuant
to 28 USC §1930.
The court further finds that the appellant did not timely file the appeal. The order sought
to be appealed was entered on September 30, 2016 and the deadline for filingthe appeal was
October 14,2016. The appeal was filed October 31,2016.
Accordingly, the notice of appeal filed by Fred Woody, Jr. on October 31, 20lq ishereby
DISMISSED.

SO ORDERED. This 12. day of February 2017.

JAMJis C. DEVER III
Chief United States District Judge