Dates v. HSBC Bank USA, NA

Filing 4

ORDER DISMISSING CASE without prejudice for failure to prosecute. Signed by Judge Michael R. Barrett on 9/5/18. (ba)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

In re: Carlean Dates
Case No. 1:17-cv-842
Judge Michael R. Barrett
ORDER
This matter is before the Court on Appellant’s, Carlean Dates, Notice of Appeal from
Bankruptcy Court docketed on December 15, 2017.

(Doc. 1).

On January 18, 2018, the

bankruptcy clerk certified the record, and the Court set a briefing schedule by docket notation.
(Doc. 2). On May 23, 2018, the Court ordered Appellant to show cause, within fourteen (14) days
of entry of that order, why this appeal should not be dismissed for failure to prosecute, as Appellant
had not filed a brief with the Court per the briefing schedule. 1 (Doc. 3); see Arnold v. G.E. Capital
Auto Lease, Inc., 63 Fed. Appx. 188, 191 (6th Cir. 2003) (affirming dismissal of bankruptcy appeal
for failure to prosecute); Federal Rule of Bankruptcy Procedure 8003(a)(2) (granting the district
court authority to dismiss bankruptcy appeals for non-prosecution). Appellant has failed to
respond to the Court’s order or file a brief.
In light of the above, the Court finds that dismissal for failure to prosecute is proper. It is
hereby ORDERED that this action is DISMISSED WITHOUT PREJUDICE. This matter shall
be CLOSED and TERMINATED from the Court’s active docket.
IT IS SO ORDERED.
/s Michael R. Barrett
Michael R. Barrett
United States District Court

1

Appellant’s brief was due by February 1, 2018. (Doc. 2).