Jawara v. SunTrust Bank

Filing 22

REPORT AND RECOMMENDATION: For the reasons stated, the undersigned Magistrate Judge recommends that Appellant's motion for summary judgment (Docket Entry No. 8 ) be denied, the ruling of the Bankruptcy Judge be summarily affirmed, and this case be dismissed with prejudice. Signed by Magistrate Judge John S. Bryant on 3/30/2016.(xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
LATOYA MICHELLE JAWARA,
Appellant
v.
SUNTRUST BANK,
Appellee
TO:

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No. 3:15-0305
Chief Judge Sharp/Bryant

THE HONORABLE KEVIN H. SHARP
CHIEF JUDGE
REPORT AND RECOMMENDATION
Appellant LaToya Jawara, who is proceeding pro se in this

appeal from the Bankruptcy Court, has filed her motion for summary
judgment (Docket Entry No. 8), to which the Appellee has responded
in opposition (Docket Entry No. 10).
For the reasons stated below, the undersigned Magistrate
Judge recommends that Appellant’s motion for summary judgment be
denied, that the opinion of the Bankruptcy Judge be affirmed
summarily, and that this case be dismissed.
ANALYSIS
Local Rule 56.01, which governs motions for summary
judgment filed in this district, requires that any motion for
summary judgment be accompanied by “a separate, concise statement
of the material facts as to which the moving party contends there
is no genuine for trial. Each fact shall be set forth in a
separate, numbered paragraph. Each fact shall be supported by a

specific citation for the record.” Local Rule 56.01(b). Appellant’s
motion for summary judgment fails to satisfy this local rule.
Specifically,

Appellant

has

failed

to

file

a

statement

of

undisputed facts with citations to the place in the record where
such

facts

can

be

found.

For

this

reason,

the

undersigned

Magistrate Judge finds that Appellant’s motion for summary judgment
is not properly supported according to the rules and must be
denied.
In addition, Local Rule 81.01 governs bankruptcy appeals
in this district. Subsection (a) of this rule provides as follows:
“Summary Affirmance. Failure by an appellant to comply with the
provisions of either Rule 8006, 8007 or 8009 of the Bankruptcy
Rules, Title 11 of the United States Code Annotated, will result in
summary affirmance of the opinion of the Bankruptcy Judge.”
Rule 8006 of the Bankruptcy Rule provides that within 14
days after filing the notice of appeal the appellant shall file
with the 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. From the record, it appears that Appellant
filed her notice of appeal on March 25, 2015 (Docket Entry No. 1-3
at 4). Her motion to proceed in forma pauperis was granted on March
31, 2015 (Docket Entry No. 4). From the record it appears that
Appellant still has not filed a designation of items to be included
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in the record from the Bankruptcy Court on the appeal or a
statement of the issues to be presented. Rule 8006 also requires
that the party filing a designation of the items to be included in
the record shall provide to the Clerk of this Court a copy of the
items designated. This obligation likewise has not been satisfied
by Appellant.
Rule 8009 requires that the appellant in a bankruptcy
appeal to the district court serve and file a brief within 14 days
after entry of the appeal on the docket pursuant to Rule 8007.
Although Appellant filed a memorandum in support of her motion for
summary judgment on April 29, 2015 (Docket Entry No. 9), this
memorandum fails to satisfy the requirements of a brief supporting
a bankruptcy appeal in accordance with Rule 8009 of the Bankruptcy
Rules.
For the foregoing reasons, the undersigned Magistrate
Judge

finds

that

Appellant

has

failed

to

comply

with

the

requirements of the Local Rule 81.01 governing bankruptcy appeals
and, pursuant to that rule, the ruling of the Bankruptcy Judge
should be summarily affirmed.
RECOMMENDATION
For the reasons stated above, the undersigned Magistrate
Judge recommends that Appellant’s motion for summary judgment

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(Docket Entry No. 8) be denied, the ruling of the Bankruptcy Judge
be summarily affirmed, and this case be dismissed with prejudice.
Under Rule 72(b) of the Federal Rules of Civil Procedure,
any

party

has

14

days

from

receipt

of

this

Report

and

Recommendation in which to file any written objections to this
Recommendation with the District Court. Any party opposing said
objections shall have 14 days from receipt of any objections filed
in this Report in which to file any responses to said objections.
Failure to file specific objections within 14 days of receipt of
this Report and Recommendation can constitute a waiver of further
appeal of this Recommendation. Thomas v. Arn, 474 U.S. 140 106 S.
Ct. 466, 88 L.Ed.2d 435 (1985), Reh’g denied, 474 U.S. 1111 (1986).
ENTER this 30th day of March, 2016.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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