Opinion
21 CV 4222 (VB)
08-04-2021
In Re AHMED HUSAIN ZUBAIR, Debtor, v. KRISTA M. PREUSS, Appellee. AHMED HUSAIN ZUBAIR, Appellant,
ORDER
Vincent L. Briccetti United States District Judge
Appellant, proceeding pro se and in forma pauperis, requests an extension of time to file his appellant's brief in the above-captioned bankruptcy appeal. (Doc. #18). Specifically, appellant requests that he be permitted to file his brief two weeks after the Court issues a decision in his related appeal (20 CV 8829) filed prior to the above-captioned appeal.
As the Court stated during a hearing held on June 10, 2021, because appellant's pending bankruptcy appeals are related, in the interest of judicial efficiency, the Court will handle the appeals simultaneously. Specifically, the Court noted that doing so would be the most efficient use of the Court's resources because an affirmance of the Bankruptcy Court's April 26, 2021, order, which dismissed the underlying bankruptcy case, may moot the issues in appellant's earlier-filed appeal. However, the Court also stated that if it reverses the Bankruptcy Court's April 26, 2021, order or if the law does not support the conclusion that plaintiff's earlier-filed appeal would be mooted by a decision on the second appeal, then the Court will proceed to decide the earlier-filed appeal.
Accordingly, it is HEREBY ORDERED:
1. Appellant's motion for an extension of time to file his appellant's brief until two weeks after Court decides his earlier-filed appeal (20 CV 8829) is DENIED.
2. Given appellant's pro se status, the Court extends to August 16, 2021, appellant's deadline to file his appellant's brief. To be clear, appellant's time to file his brief in this appeal (21 CV 4222) is NOT extended until after the Court decides his earlier-filed appeal (20 CV 8829). His appellant's brief is due August 16, 2021.
3. Appellee must serve and file its brief within 30 days after service of appellant's brief.
4. Appellant may serve and file a reply brief within 14 days after service of appellee's brief.
5. The Clerk is instructed to terminate the motion. (Doc. #18).
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
Chambers will mail a copy of this Order to appellant.
SO ORDERED.