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)

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,

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Debtor,
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SIMONA JOSEPH BARRON,
Appellant,

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ISSAM AL SHMAISANI AND U.S.
TRUSTEE,
Appellees.

~OURf

Deputy

Case No. '"16 -44 816 -MXM13
Chapter No.: 13

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vs.

JUN- 2 2017

District Court Case
No. 4:17-CV-271-A

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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

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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

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