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Grisham v. U.S. Trustee

United States District Court, D. Hawaii

February 6, 2014

RUSSELL JACK GRISHAM, Debtor-Appellant,
v.
U.S. TRUSTEE, c/o Tiffany L. Carroll, CARRINGTON MORTGAGE SERVICES, LLC; WELLS FARGO BANK; AOAO ALA WAI MANSION; ALA WAI MANSION, INC.; STATE OF HAWAII, DEPARTMENT OF TAXATION; ROBERT MOORE; AOAO THE WINDSOR, JOHN SPADARO; LAW OFFICE OF DEREK K. KAIAMA, Creditor-Appellees.

ORDER DISMISSING CASE

DERRICK K. WATSON, District Judge.

ORDER DISMISSING CASE

On November 21, 2013, Debtor-Appellant Russell Jack Grisham filed a Notice of Appeal from Bankruptcy Court and an Application to Proceed in District Court Without Prepaying Fees or Costs ("Application"). The Application was denied in a November 29, 2013 Order. Dkt. No. 3. Thereafter, the Clerk of Court sent Grisham a letter dated December 11, 2013, instructing him to pay the statutory filing fee of $298 to the United States Bankruptcy Court by December 27, 2013. To date, Grisham has failed to (1) pay the required filing fee, (2) file a designation of items to be included in the record, (3) request a transcript for the hearing held on October 4, 2013, or (4) file a statement of issues presented, as required by Fed.R.Bankr.P. 8006.

On January 22, 2014, the Court ordered Debtor-Appellant Grisham to show cause why this appeal should not be dismissed for failure to prosecute by February 5, 2014. The Court also cautioned Debtor-Appellant Grisham that failure to respond to the Order to Show Cause would result in the dismissal of the appeal. As of the date of this order, Debtor-Appellant Grisham has not responded to the Order to Show Cause. Accordingly, the Court HEREBY DISMISSES this bankruptcy appeal for failure to prosecute. The Clerk's Office is directed to close this case.

IT IS SO ORDERED.


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