In Re: Michael T. Carey and Leone R. Carey
Filing
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ORDER signed by Judge Frank C. Damrell, Jr on 6/7/2011 ORDERING 3 Motion to Dismiss for Lack of Jurisdiction is GRANTED; Appeal is dismissed as untimely; Court will not enter sanctions against the appellants. CASE CLOSED. (Waggoner, D)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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In re:
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MICHAEL T. CAREY and
LEONE R. CAREY, Debtors.
_________________________/
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UNITED STATES OF AMERICA,
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NO. CIV. S-11-1092 FCD
Plaintiff,
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v.
MEMORANDUM AND ORDER
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MICHAEL T. CAREY and LEONE R.
CAREY,
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Defendants.
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This matter is before the court on appellee the United
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States of America’s motion to dismiss this bankruptcy appeal as
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untimely filed.1
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27, 2011.
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Carey, did not respond to the motion.
Appellee originally noticed the motion for May
However, pro se appellants, debtors Michael and Leone
As such, on May 17, 2011,
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Because oral argument will not be of material
assistance, the court orders this matter submitted on the briefs.
E.D. Cal. L.R. 230(g).
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the court issued an order to show cause (“OSC”), ordering
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appellants, on or before May 27, 2011, (1) to show cause why they
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should not be sanctioned $150.00 for their failure to timely file
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an opposition or statement of non-opposition to the motion and
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(2) to respond to appellee’s motion.
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again did not respond.
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(Docket #5.)
Appellants
Accordingly, the court construes appellants’ failure to
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respond as a non-opposition to appellee’s motion, and it HEREBY
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grants appellee’s motion, dismissing the appeal as untimely.
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Fed. R. Bank. Proc. § 8002(a) (requiring a Notice of Appeal to be
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filed within 14 days of the entry of the applicable order).2
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Considering appellants’ pro se status, the court will nonetheless
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discharge the OSC.
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will not enter sanctions against appellants.
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Appellants’ appeal is dismissed but the court
IT IS SO ORDERED.
DATED: June 7, 2011
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FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE
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Here, the order from which appellants seek to take an
appeal was entered on March 7, 2011, but appellants did not file
their Notice of Appeal until April 1, 2011.
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