Phillips v. Chen et al, No. 1:2015cv04018 - Document 5 (N.D. Ga. 2016)
Court Description: OPINION AND ORDER that this action is DISMISSED pursuant to Local Rule 41.3(A)(2) for failure to comply with a lawful order of the Court. Signed by Judge William S. Duffey, Jr on 4/19/2016. (anc)
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Phillips v. Chen et al Doc. 5 Dockets.Justia.com civil case for want of prosecution if: . . . [a] plaintiff . . . shall, after notice, . . . fail or refuse to obey a lawful order of the court in the case.” LR 41.3(A)(2), NDGa; see also BLR 7041-1(a)(2), NDGa; In re Arnold, 166 F. App’x 424, 424-25 (11th Cir. 2006) (district court did not abuse its discretion in dismissing bankruptcy appeal for failure to comply with the court’s order to pay filing fee.)1 Appellant failed to pay the required fee, and failed to comply with the Court’s Order after being advised that failure to comply will result in dismissal of this action. This action is dismissed pursuant to Local Rule 41.3(A)(2). For the foregoing reasons, IT IS HEREBY ORDERED that this action is DISMISSED pursuant to Local Rule 41.3(A)(2) for failure to comply with a lawful order of the Court. 1 The Federal Bankruptcy Rules apply to bankruptcy proceedings adjudicated in district court. Rosenberg v. DVI Receivables XIV, LLC, ––– F.3d –––, –––, 2016 WL 1392642, at *3 (11th Cir. Apr. 8, 2016). Rule 9029(a)(1) of the Federal Rules of Bankruptcy Procedure provides that district courts may “make and amend rules governing practice and procedure in all cases and proceedings within the district court’s bankruptcy jurisdiction which are consistent with . . . these rules . . . .” 2 SO ORDERED this 19th day of April, 2016. _______________________________ WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE 3
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