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IN RE: Philip Oran DODSON (2021)

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

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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.