Hagan v. Northwest Farm Credit Services, FLCA (In Re Kelley)

MEMORANDUM

James J. O’Hagan appeals pro se from the district court’s judgment dismissing his appeal from orders of the bankruptcy court declaring him to be a vexatious litigant and imposing sanctions. We have jurisdiction under 28 U.S.C. § 158 (d). We review for an abuse of discretion a district court’s dismissal for non-compliance with non-jurisdictional bankruptcy rules. Ehrenberg v. Cal. State Univ. (In re Beachport Entm’t), 396 F.3d 1083, 1086-87 (9th Cir.2005). We affirm.

The district court did not abuse its discretion in dismissing O’Hagan’s appeal because, despite an order to show cause from the district court as to why it should not dismiss for failure to perfect the appeal, O’Hagan failed to perfect the record for over nine months after filing the appeal. See id. at 1087 (stating factors to consider prior to dismissal of bankruptcy appeal for non-compliance with a procedural rule).

To the extent that O’Hagan challenges the denial of his motion for reconsideration, the district court did not abuse its discretion because O’Hagan failed to establish a basis for reconsideration. See W.D. Wash. R. 7(h)(1) (setting forth grounds for reconsideration); Hinton v. Pac. Enters.,…