In Re Clyde M. Davis-el, Jr., Debtor.clyde M. Davis-el, Jr., Plaintiff-appellant, v. John Robinson, Defendant-appellee, 852 F.2d 565 (4th Cir. 1988)

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U.S. Court of Appeals for the Fourth Circuit - 852 F.2d 565 (4th Cir. 1988)

Submitted: May 26, 1988. Decided: July 20, 1988

Clyde M. Davis-El, Jr., appellant pro se.

John Robinson, for appellee.

Before K.K. HALL and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Clyde M. Davis-El, Jr., appeals from the district court's dismissal of his appeal from a bankruptcy court decision for failure to timely file a designation of record and issues on appeal as required by Bankruptcy Rule 8006. Finding the district court's action within the bounds of sound discretion, we affirm.

The record before this Court shows that Davis-El filed a notice of appeal to the district court on 10 November 1987 but failed to file a designation of the record on appeal and the statement of the issues being raised on appeal in the bankruptcy court within ten days. See Bankruptcy Rule 8006.

Bankruptcy Rule 8006 specifically provides that a bankruptcy appellant "shall" designate the record and state the issues to be presented within ten days. Bankruptcy Rule 8001(a) permits a district court to sanction a bankruptcy appellant for failure to comply with bankruptcy rules and expressly provides that such a sanction "may include dismissal of the appeal." We perceive no abuse of discretion in the district court's decision to dismiss this case and affirm the district court's judgment dismissing Davis-El's appeal.

Because the facts and legal arguments are adequately presented in the materials before the Court and oral argument would not significantly aid the decisional process, we dispense with oral argument in this case. Davis-El's motion for issuance of a subpoena is denied.