Mueller v. Bank One, N.A. et al

Filing 34

ORDER dismissing 1 Bankruptcy Appeal. Signed by Chief Judge Barbara B. Crabb on 10/23/2009. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------In re the Bankruptcy of LINDA MUELLER,

D e b to r . ------------------------

L IN D A MUELLER, ORDER Appellant, 0 9 - cv -1 3 7 - b b c v. B A N K ONE, N.A. and W IL L IA M A. CHATTERTON, C H A PT E R 13 TRUSTEE, A p p e l le e s . --------------------------------------------This is an appeal from an order of the United States Bankruptcy Court for the W estern District of Wisconsin, brought pursuant to 28 U.S.C. § 158(a). On October 5, 2009, I issued an order giving debtor/appellant Linda Mueller until October 21, 2009 to file her initial brief in support of her appeal. Dkt. #32. The October 21, 2009 deadline was the

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fo urth deadline extension provided to Mueller; the initial deadline had been March 25, 20 09 . In the October 5 order, I also made it clear that Mueller would not receive any further extension s and that failure to file her brief by October 21 would result in dismissal of her app eal. October 21 has come and gone with no filing from Mueller. This case has gone on for more than six months; Mueller has failed to file an initial b rief in support of her appeal, although she has been given four opportunities to do so. At this point, I consider that she has abandoned the appeal and will dismiss it.

OR DER IT IS ORDERED that debtor/appellant Linda Mueller's appeal in bankruptcy case num ber 03-17144-rdm-13 is DISMISSED for her failure to prosecute it. The clerk of court is directed to close this case. E n tered this 23r d day of October, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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