Opinion
18-CV-2089 TWR (NLS) Bankruptcy 17-6928 MM7
08-31-2021
IN RE LISA GOLDEN Debtor. v. RICHARD KIPPERMAN, Appellee. LISA KAYE GOLDEN, Appellant, Adversary No. 18-90021 MM
Honorable Todd W. Robinson, Judge.
ORDER (1) SPREADING MANDATE, AND (2) DISMISSING ACTION FOR FAILURE TO PAY FILING FEE AND COMPLY WITH THE COURT'S ORDER (ECF NOS. 31, 39, 45)
Honorable Todd W. Robinson, Judge.
Presently before the Court is the Mandate of the Court of Appeals for the Ninth Circuit (ECF No. 45). Pursuant to the Ninth Circuit's Order, (see ECF No. 45), the Court SPREADS the Mandate and resumes jurisdiction over this action.
Also before the Court are the Orders issued by the Honorable Dana M. Sabraw on September 30, 2020, (ECF No. 31), and by this Court on December 2, 2020, (ECF No. 39), requiring Ms. Golden to pay the filing fee in this action. The docket reflects that Ms. Golden has not paid the filing fee, has not subsequently filed a renewed motion to proceed in forma pauperis, and has not otherwise declared under penalty of perjury that her financial circumstances have changed such that a fee waiver is now appropriate. (See generally Docket.) Accordingly, the Court DISMISSES WITHOUT PREJUDICE this action for failure to pay the requisite filing fee and for failure to comply with the Court's December 2, 2020 Order. See S.D. Cal. Civ. L.R. 83.1(a); see also Fed. R. Bankr. P. 8003(a)(3)(C) (“The notice of appeal must . . . be accompanied by the prescribed filing fee.”); 28 U.S.C. § 1930(c) ($5 appeal fee); Bankruptcy Court Miscellaneous Fee Schedule item 14 ($293 for appeal). The Clerk of the Court SHALL CLOSE the file.
IT IS SO ORDERED.