Hanson v. Wright

Filing 3

ORDER. Signed by District Judge Robert J. Conrad, Jr on 1/11/16. Appellant has 7 days to pay filing fee and file designation or record.(Pro se litigant served by US Mail.)(ssh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-178-RJC
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CADESHA S. HANSON,
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Debtor.
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CADESHA S. HANSON,
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Appellant,
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v.
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ANNA COTTEN WRIGHT, trustee,
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Appellee.
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In re:

ORDER

THIS MATTER comes before the Court sua sponte. Appellant Cadesha S. Hanson
(“Appellant”) filed her Notice of Appeal from Bankruptcy Case number 15-30431 on April 23,
2015. (Doc. No. 1). When she filed her appeal, Appellant did not pay the required filing fee,
and she filed an Application to Proceed in forma pauperis. However, her Application to Proceed
in forma pauperis was denied on April 24, 2015, and Appellant was given fourteen (14) days to
pay the filing fee of $298.00. (Bankr. Case No. 15-30431, Doc. No. 27). It appears that
Appellant has not paid the required filing fee. (Doc. No. 2). Furthermore, Appellant has failed
to file the designation of the items to be included in the record on appeal and a statement of the
issues to be presented to this Court as required by Federal Rule of Bankruptcy Procedure 8009.
(Id.).
Federal Rule of Bankruptcy Procedure 8009(a)(1) requires an appellant to “file with the

bankruptcy clerk and serve on the appellee a designation of the items to be included in the record
on appeal and a statement of the issues to be presented” within fourteen (14) days after the
appellant files his notice of appeal. Rule 8009(b)(1) also requires the appellant to order, within
fourteen (14) days of filing the notice of appeal, “a transcript of such parts of the proceedings not
already on file as the appellant considers necessary for the appeal, and file a copy of the order
with the bankruptcy clerk; or file with the bankruptcy clerk a certificate stating that the appellant
is not ordering a transcript.” Rule 8003(a)(2) states that a “failure to take any step other than the
timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for
the district court or BAP to act as it considers appropriate, including dismissing the appeal.”
Failure to pay the required filing or failure to file the required designation of record can warrant
dismissal of an appeal.
IT IS, THEREFORE, ORDERED that Appellant show cause why this appeal should
not be dismissed for failure to pay the required filing and failure to file a designation of record.
Appellant has seven (7) days within which to pay her filing fee AND file her designation of
record along with her statement of the issues to be presented or to provide this Court with good
cause explaining her failure to do so. If Appellant fails to remedy these deficiencies or fails to
provide good cause explaining these deficiencies within seven (7) days, this appeal is likely to
be dismissed.
Signed: January 11, 2016