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IN RE: Philip Oran DODSON (2021)

United States Court of Appeals, Ninth Circuit.2021-04-28No. No. 19-56325

Summary

Holding. The district court's dismissal of Dodson's bankruptcy appeal for failure to prosecute was affirmed, and his request to augment the record on appeal was denied.

Philip Oran Dodson, a Chapter 7 bankruptcy debtor, appealed a district court decision dismissing his bankruptcy appeal due to failure to prosecute. The district court had issued multiple notices to Dodson explaining his obligations under the Federal Rules of Bankruptcy Procedure, including requirements to complete the appellate record within specified timeframes, and warned that noncompliance could result in dismissal. Dodson did not meet these requirements.

The appellate court reviewed the dismissal for abuse of discretion and found none. The district court properly followed established procedures in dismissing the appeal, having given Dodson adequate notice and opportunity to comply with the rules governing appellate proceedings. Additionally, Dodson's request to add materials to the appellate record was rejected.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Dismissal for failure to prosecute in bankruptcy appeals
  • Appellant's obligation to comply with Federal Rules of Bankruptcy Procedure
  • Whether adequate notice and warning were provided before dismissal
  • Standard of review for dismissal decisions

Procedural posture

Dodson appealed the district court's judgment dismissing his bankruptcy appeal to the circuit court, which reviewed the dismissal for abuse of discretion.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

Chapter 7 debtor Philip Oran Dodson appeals from the district courts judgment dismissing his bankruptcy appeal for failure to prosecute. We have jurisdiction under 28 U.S.C. §§ 158(d) and 1291. We review for an abuse of discretion, Moneymaker v. CoBen (In re Eisen), 31 F.3d 1447, 1451 (9th Cir. 1994), and we affirm.

The district court did not abuse its discretion by dismissing Dodsons appeal for failure to prosecute. Dodson received multiple notices from the bankruptcy court clerk explaining his obligation to comply with the Federal Rules of Bankruptcy Procedure regarding completion of the record on appeal and warning that failure to comply with time requirements as stated in the notices may result in dismissal of the appeal. See id. at 1451-56 (discussing factors for district court to weigh in determining whether to dismiss for failure to prosecute); Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 1992) (this court may review the record independently if the district court does not make explicit findings to show its consideration of the factors); see also Fed. R. Bankr. P. 8009(a) (setting forth appellants responsibility to file and serve a designation of record and statement of issues on appeal within 14 days after the notice of appeal becomes effective).

Dodsons request to augment the record on appeal (Docket Entry No. 13) is denied.

AFFIRMED.