Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rutledge v. Rubicon Realty Group, LLC

United States District Court, E.D. Michigan, Southern Division

January 31, 2018

TRAVIS RUTLEDGE, Appellant,
v.
RUBICON REALTY GROUP, LLC, Appellee.

          ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE

          GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE

         On November 17, 2017, pro se Appellant Travis Rutledge timely filed an appeal of a final decision of the United States Bankruptcy Court for the Eastern District of Michigan. Appellant did not pay the filing fee or file a petition to proceed in forma pauperis. Nevertheless, this court considered his August, 2017 application to proceed without prepaying the filing fee which he had filed in the Bankruptcy Court, and which the Bankruptcy Judge had granted, and this Court likewise granted him leave to proceed on appeal without paying the $298 filing fee. Despite this permission, Appellant failed to prosecute his appeal in any manner. Although Appellant was required to file the designation of record on or before Friday, December 1, 2017, pursuant to Federal Rule of Bankruptcy Procedure 8009, Appellant failed to do so. Moreover, Appellant never sought a time extension for compliance.

         Accordingly, on January 11, 2018, this court ordered Appellant to show cause on or before January 26, 2018, why his appeal should not be dismissed for failure to prosecute. On January 24, 2018, Appellant filed a response attaching only the names and addresses of two creditors and stating:

The Debtor, Travis Rutledge was to file the Designation of Certain allowed claims in the above matter in a timely manner. Debtor, at times will send other individuals to file documents with the court clerk when he is unable to for various reason[s]. Debtor later realized that the document was not filed when Debtor recently received a Show Cause Order from the Honorable Steeh that the document was not filed. Debtor has now cured the defect and files this Designation of certain Allowed Claims and Statement to be included in the record of appeal.

(Doc. 6). Appellant offered no explanation for why he is two months late to file a designation of record. Moreover, in his response to the court's show cause order, Appellant still has not complied with Federal Rule of Bankruptcy Procedure 8009 which requires that within 14 days of the filing of the notice of appeal, “the appellant must file with the bankruptcy clerk and serve on the appellee a designation of the items to be included in the record on appeal and a statement of the issues to be presented.” Fed.R.Bankr.P. 8009. In addition, Rule 8009 specifically provides the documents the record must include:

(4) Record on appeal
The record on appeal must include the following:
• docket entries kept by the bankruptcy clerk;
• items designated by the parties;
• the notice of appeal;
• the judgment, order, or decree being appealed;
• any order granting leave to appeal;
• any certification required for a direct appeal to the court of appeals;
• any opinion, findings of fact, and conclusions of law relating to the issues on appeal, including transcripts ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.