In re: Karin Andersen Hazel

Filing 5

ORDER granting 4 Motion to Dismiss Appeal. Signed by Judge Algenon L. Marbley on 1/25/2018. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
:
:
Case No. 2:17-cv-00247
KARIN HAZEL
:
:
JUDGE ALGENON L. MARBLEY
Appellant,
:
:
v.
:
:
WELLS FARGO BANK, N.A.,
:
:
Appellee.
:

ORDER GRANTING MOTION TO DISMISS APPEAL
Before the Court is Appellee Wells Fargo Bank, N.A.’s (“Wells Fargo”) Motion to
Dismiss the above-captioned appeal filed by Appellant Karin Hazel (“Hazel”) (ECF No. 4).
Specifically, Wells Fargo requests that this Court dismiss Hazel’s appeal based on her failure to
timely file and serve an Appellant’s Brief pursuant to Federal Rule of Bankruptcy Procedure
Rule 8018.
Bankruptcy Rule 8018 requires an appellant to “serve and file a brief within 30 days after
the docketing of notice that the record has been transmitted or is available electronically.” Fed.
R. Bankr. P. 8018(a)(1). Rule 8018 further states “[i]f an appellant fails to file a brief on time or
within an extended time authorized by the district court . . . an appellee may move to dismiss the
appeal . . . .” Fed. R. Bankr. P. 8018(a)(4).
Here, the Bankruptcy Court Record on Appeal was filed on May 11, 2017. (ECF No. 2).
By notation order, Hazel had until May 25, 2017 to file her brief. (Id.). Hazel has not made a
request for additional time to file and serve the brief, and to date, she still has not filed and

1

served her brief. Hazel, filed this appeal pro se, however, and pro se litigants are treated to less
stringent standards. See In re Ingram, 431 B.R. 307 (B.A.P. 6th Cir. 2010).
Accordingly, in the spirit of leniency, the Court will allow Hazel thirty (30) days to file
her brief. If Hazel fails to file her Appellant Brief by February 15, 2018, the Court will dismiss
the appeal for want of prosecution.
IT IS SO ORDERED.
/s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: January 25, 2018

2