Williams v. US Bank Trust National Association, as Trustee of et al
ORDER DISMISSING Appellant's appeal. Signed by Senior Judge Graham Mullen on 10/11/17. (Pro se litigant served by US Mail.)(mga) NEF regenerated to serve Bankruptcy Court on 10/11/2017 (mga).
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO. 3:17-CV-00442-GCM
U.S. BANK TRUST NATIONAL
ASSOCIATION, et al.
This matter is before the Court upon its own motion. Appellant Pamela Williams filed a
Notice of Appeal on July 26, 2017. Under Bankruptcy Rule 8009(a)(1)(B), Appellant had 14
days thereafter to file her designation of the record on appeal and statement of issues on appeal.
Appellant has yet to file or serve her designation and statement of issues.
“An appellant’s 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 dismissal of appeal.” Fed. R. Bankr. P. 8003(a)(2); see also
In re Weiss, 111 F.3d 1159, 1173 (4th Cir. 1997) ("If an appellant violates one of the rules of
bankruptcy procedure, the district court may dismiss the appeal.").
Prior to dismissal of an appeal, however, a court “must take one of the following steps:
(1) make a finding of bad faith or negligence; (2) give the appellant notice and an opportunity to
explain the delay; (3) consider whether the delay had any possible prejudicial effect on the other
parties; or (4) indicate that it considered the impact of the sanction and available alternatives.”
In re Serra Builders, Inc., 970 F.2d 1309, 1311 (4th Cir. 1992).
This Court issued a Show Cause Order to Appellant on September 21, 2017, giving her
notice and an opportunity to explain the delay. Appellant has not responded showing cause for
the delay or providing the required designation and statement.
IT IS THEREFORE ORDERED that Appellant’s appeal is hereby DISMISSED
WITH PREJUDICE for failure to file and serve the designation and statement as required by
Fed. R. Bankr. P. 8009(b).
Signed: October 11, 2017
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