Franklin v. Davis-Director TDCJ-CID

Filing 5

Memorandum Opinion and Order...Petition dismissed w/o prej for failure to exhaust state-court remedies; application to proceed IFP denied. Certificate of appealability should not issue. (Ordered by Senior Judge Terry R Means on 6/2/2017) (wrb)

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U.S. DISTRICT COURT NORTHERN DISTRICT OF TEXAS IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEX FORT WORTH DIVISION IN RE: SIMONA JOSEPH BARRON, § § § § Debtor, _________________________________ § SIMONA JOSEPH BARRON, Appellant, § § ISSAM AL SHMAISANI AND U.S. TRUSTEE, Appellees. ~OURf Deputy Case No. '"16 -44 816 -MXM13 Chapter No.: 13 § § § § § vs. JUN- 2 2017 District Court Case No. 4:17-CV-271-A § § § § ORDER By order signed May 2, 2017, the court ordered that by May 15, 2017, appellant, Simona Joseph Barron, assist the bankruptcy clerk in the preparation and transmittal of the record on appeal so that transmittal of the record be accomplished no later than May 15, 2017. Doc. 1 5. Appellant apparently failed to assist the clerk as directed inasmuch as the clerk's transmittal and certification of the record on appeal noted that it was deficient. Doc. 7. The May 2 order further required that appellant file her appellate brief by June 1, 2017. The order cautioned that failure to comply therewith in any respect might lead to the dismissal of 1 The "Doc. "reference is to the number of the item on the docket in this action. the appeal without further notice. In addition to failing to cause the record to be transmitted, appellant has failed to timely file her brief and the court finds that no lesser sanction than dismissal is appropriate. The court ORDERS that the appeal in this action be, and is hereby, dismissed. SIGNED June 2, 2017. District J 2

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