Hurst et al v. BAC Home Loans Servicing LP
Filing
2
MEMORANDUM OPINION AND ORDER: The court dismisses this appeal without prejudice for want of prosecution. (Ordered by Judge Sam A Lindsay on 8/26/2011) (skt)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
IN RE:
JAYCEN GREGORY HURST,
Debtor.
JAYCEN GREGORY HURST,
Appellant,
v.
BAC Home Loans Servicing LP,
Appellee.
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Civil Action No. 3:11-CV-183-L
(Case No. 10-31037-BJH7)
MEMORANDUM OPINION AND ORDER
On January 28, 2011, the bankruptcy appeal filed by Jaycen Gregory Hurst was transmitted
to this court. Local Bankruptcy Rule 8009.1 requires that Appellant file a brief within twenty-one
days after entry of the appeal on the docket of the district court pursuant to Rule 8007 of the Federal
Rules of Bankruptcy Procedure. That twenty-one day period concluded on February 18, 2011. To
date, no brief has been filed, nor has Appellant sought a deadline extension or leave to file the brief
out of time.
The Fifth Circuit Court of Appeals has held:
In reviewing actions taken by a district court in its appellate role, we
affirm unless the court has clearly abused its discretion. Bankruptcy
appeals have frequently been dismissed for the appellant’s failure to
comply with the duty of diligent prosecution, and we have dismissed
civil appeals for failure of prosecution when the appellant’s brief was
not timely filed.
Memorandum Opinion and Order – Page 1
In re Braniff Airways, Inc., 774 F.2d 1303, 1305 (5th Cir. 1985) (footnotes omitted); see also In re
McKenzie, 213 F.3d 639, 2000 WL 554944, *1 (5th Cir. 2000). Appellant has failed to comply with
the required procedural rules, and the court determines that Appellant has not been diligent in
prosecuting this appeal. It is not incumbent upon the court to ensure that the parties before it follow
the relevant procedural rules. Accordingly, the court dismisses this appeal without prejudice for
want of prosecution.
It is so ordered this 26th day of August, 2011.
_________________________________
Sam A. Lindsay
United States District Judge
Memorandum Opinion and Order – Page 2
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