Opinion
8:23-cv-00659-SB
01-25-2024
ALICIA MARIE RICHARDS, Plaintiff, v. RICHARD A. MARSHACK et al., Defendants.
ORDER TO SHOW CAUSE RE LACK OF PROSECUTION
STANLEY BLUMENFELD, JR. UNITED STATES DISTRICT JUDGE
On April 17, 2023, Debtor Alicia Marie Richards filed the notice of appeal. Dkt. No. 1. Debtor appears to have failed to comply with Rules 8003 and 8009 of the Federal Rule of Bankruptcy Procedure by failing to file certain transcripts. Dkt. No. 11. As a result, the clerk has not been able to file a certificate of readiness, and no record on appeal has been designated. Debtor has also filed a motion to consolidate related appeals, but fails to provide a case number for the related appeals. Dkt. No. 9.
Debtor is ordered to show cause, in writing, no later than February 16, 2024, why this appeal should not be dismissed for lack of prosecution. The Court will consider as an appropriate response to this order to show cause (OSC) the filing, on or before February 16, 2024, of a declaration stating that the transcripts have been paid for or a request to proceed in forma pauperis. The filing of either shall result in the automatic discharge of this OSC without further order. Failure to timely respond to the OSC will be deemed consent to the dismissal without prejudice of Debtor's appeal.
The Court also strikes Debtor's motion to consolidate for failure to properly identify the allegedly related case. No later than February 23, 2024, Debtor may file a renewed motion to consolidate appeals, in which she identifies a related case that has been properly appealed. Failure to timely file the new motion will be construed as a concession that the Court cannot consider the allegedly related matter.