Unpublished Dispositionin Re Columbus Jasper Southerland, Jr., Individually Anddoing Business As South Land Company, Bisquit Barncompany, Jr's Western Wear, Statewarehouse, Debtor.columbus J. Southerland, Jr., Plaintiff-appellant, v. Samuel K. Crocker, Trustee, Defendant-appellee, 887 F.2d 265 (6th Cir. 1989)

ORDER

Plaintiff Southerland moves for in forma pauperis status on appeal from the district court's judgment dismissing this appeal from the bankruptcy court. 28 U.S.C. § 158(d) (Supp. V 1987). The appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon consideration, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Southerland filed Chapter Seven bankruptcy proceedings. The bankruptcy court denied Southerland's motion to remove the court-appointed trustee. Southerland appealed to the district court. The notice of appeal included a one-line request that the bankruptcy court clerk transmit the record to the district court.

Southerland took no other action for seven months. The district court sua sponte dismissed the appeal for failure to file the designation required under Bankr.R. 8006. Southerland then appealed to this court.

In his brief, Southerland argues that his request to the bankruptcy court contained in his notice of appeal was sufficient to satisfy the rule. Bankr.R. 8006, however, requires a specific statement of the items to be included in the record and a statement of the issues to be presented on appeal. Southerland's one-line request did not meet these requirements.

The general rule is that the late filing of a designation of the record does not justify dismissal of an appeal in the absence of evidence of bad faith. In re Winner Corp., 632 F.2d 658, 660-61 (6th Cir. 1980). Here the seven month delay by Southerland clearly shows bad faith. Therefore, the district court correctly dismissed the case.

The motion for in forma pauperis status is granted. The judgment of the district court is affirmed under Rule 9(b) (5), Rules of the Sixth Circuit, because the issues are not substantial and do not require oral argument.