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Akers v. Fitzpatrick (In re Akers)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Sep 10, 2018
Civil Action No. 18-cv-1323 (DLF) (D.D.C. Sep. 10, 2018)

Opinion

Civil Action No. 18-cv-1323 (DLF) Bankruptcy No. 17-10034

09-10-2018

In re MARTHA AKERS, Debtor. MARTHA AKERS, Appellant, v. JOHN P. FITZPATRICK, Appellee.


MEMORANDUM OPINION

On June 1, 2018, Martha Akers filed a notice of appeal from bankruptcy case No. 17-10034. Dkt. 1.

On July 3, 2018, the Clerk of Court provided the parties with notice of transmission of the record on appeal. Dkt. 3. In that notice, the Clerk of Court notified appellant Martha Akers that Rule 8018(a) of the Bankruptcy Rules of Civil Procedure required her to serve and file any brief by August 2, 2018, and that failure to do so could result in dismissal on appellee's motion or, after notice, on the Court's own motion. Id.

On August 6, 2018, Akers still had not filed a brief, and the Court issued a minute order explaining that Akers had missed her Rule 8018(a) deadline. The Court further explained that, under Rule 8018(a)(4), if an appellant fails to file a brief on time, the district court, "after notice, may dismiss the appeal on its own motion." The Court notified Akers that if she wished to pursue her appeal, she was required to file a brief on or before August 17, 2018. And it gave notice that failure to do so could result in dismissal of Akers's appeal.

As of September 10, 2018—over one month after the Rule 8018(a) deadline and over two weeks after the additional time provided by this Court—Akers still has not filed a brief. The Court will therefore dismiss her appeal. A separate order consistent with this decision accompanies this memorandum opinion.

/s/_________

DABNEY L. FRIEDRICH

United States District Judge Date: September 10, 2018


Summaries of

Akers v. Fitzpatrick (In re Akers)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Sep 10, 2018
Civil Action No. 18-cv-1323 (DLF) (D.D.C. Sep. 10, 2018)
Case details for

Akers v. Fitzpatrick (In re Akers)

Case Details

Full title:In re MARTHA AKERS, Debtor. MARTHA AKERS, Appellant, v. JOHN P…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Date published: Sep 10, 2018

Citations

Civil Action No. 18-cv-1323 (DLF) (D.D.C. Sep. 10, 2018)