Opinion
4:22-453-TLW-TER
03-01-2022
In Re Kathy Reaves, Debtor.
REPORT AND RECOMMENDATION
Thomas E. Rogers, III United States Magistrate Judge
Debtor, proceeding pro se, attempts to appeal a bankruptcy court order which dismissed Debtor's action because Debtor did not pay the initial filing fee. In Re Reaves, No. 21-3264-jw (Bankr. D.S.C.). Debtor's dismissal included notation that Debtor failed to appear at a hearing to show cause and had a history of failure to prosecute matters. Id. at (ECF No. 52). The Bankruptcy Court found Debtor abused the process in bad faith with coordinated serial bankruptcy filings. Id. The Bankruptcy Court noted in all cases Debtor had not paid applicable fees. Id. The Bankruptcy Court noted Debtor's “blatant failure” to follow the rules and precluded Debtor from filing any bankruptcy case under any chapter for a period of one year. Id.
In this appeal, Debtor has failed to pay the appellate filing fee of $298 required by 28 U.S.C. § 1930, which was due by February 21, 2022. Federal Rules of Bankruptcy Procedure Rule 8003 provides that a notice of appeal must be accompanied by the prescribed fee. Rule 8003(3)(C). Further, the effect of failure to follow the rules is within the discretion of the district court. Fed. R. Bankr. Proc. R. 8003(a)(2). Rule 8003(a)(2) provides that appellant's failure to take any step other than the timely filing of a notice of appeal is a ground for the district court to act as it considers appropriate, “including dismissing the appeal.” Fed. R. Bankr. Proc. R. 8003(a)(2). Fed. R. Civ. Proc. R. 41 provides that failure to comply with court rules may result in an involuntary dismissal. Plaintiff has failed to comply within the allotted time; accordingly, it is recommended this bankruptcy appeal be dismissed without prejudice.
Debtor's attention is directed to the important notice on the next page.
Notice of Right to File Objections to Report and Recommendation
The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such objections. “[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.'” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory committee's note).
Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); see Fed. R. Civ. P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to:
Robin L. Blume, Clerk United States District Court Post Office Box 2317 Florence, South Carolina 29503
Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).