Opinion
No. C 02-5949 WHA
February 26, 2003
ORDER OF DISMISSAL AND ORDER TO SHOW CAUSE
On December 27, 2002, Mr. Dobard filed this appeal of a bankruptcy court order, which according to Mr. Dobard, was entered on December 13, 2002, and concerned the hearing on a motion for relief from a stay. The order appended to the notice of appeal was neither signed by the presiding judge nor dated. According to the docket sheet from the bankruptcy court proceeding, no order was entered on December 13, although a December 18 order continued a hearing on a motion for relief from a stay. Under 28 U.S.C. § 158(a), a district court has jurisdiction to hear appeals from final judgments, orders, and decrees of bankruptcy judges. "A bankruptcy court order is final and thus appealable where it 1) resolves and seriously affects substantive rights and 2) finally determines the discrete issue to which it is addressed." In re Lewis, 113 F.3d 1040, 1043 (9th Cir. 1997). The order that appears to be the subject of Mr. Dobard's appeal is not a final order. It is not appealable. Accordingly, this case is DISMISSED for lack of jurisdiction. Mr. Dobard's January 15 motion, which challenges an earlier order of the bankruptcy court, is DENIED as untimely. See 28 U.S.C. § 158(c)(2); Federal Rule of Bankruptcy Procedure 8002. All other motions and requests not previously disposed of in this case are DENIED.
This is one of three cases initiated by Mr. Dobard in this Court in the past three months regarding his ongoing bankruptcy proceeding. In these cases, Mr. Dobard has repeatedly demanded expedited review and emergency relief, having filed several applications for temporary restraining orders based on unsubstantiated allegations of discrimination, conspiracy, and extortion, among other things. Not having prevailed, Mr. Dobard continues to file additional material seeking relief on the same or similar grounds from different judges. This barrage of frivolous requests are draining the limited resources of this Court. Accordingly, Mr. Dobard is ORDERED to show cause within fourteen days of the filing of this order as why he should not be declared a vexatious litigant and obtain pre-filing review from the undersigned with respect to any future actions or appeals involving the underlying bankruptcy proceeding. The Clerk shall close this file and file a copy of this order in a newly-numbered miscellaneous proceeding file. Mr. Dobard's response to the order to show cause shall bear the number of the miscellaneous matter and shall be filed therein.
The case numbers of the other two cases recently initiated by Mr. Dobard in this Court regarding the bankruptcy proceeding are 02-5523 and 03-0190. Mr. Dobard also filed similar appeals in this Court regarding the same bankruptcy proceeding in case numbers 00-2356 and 00-2636. The underlying bankruptcy proceeding, No. 99-34016, is before Judge Thomas E. Carlson in the United States Bankruptcy Court for the Northern District of California.
IT IS SO ORDERED.