Lawrence

Lawrence v. County of Riverside

Good Law
432 F. App'x 674
United States Court of Appeals for the Ninth CircuitMay 9, 2011No. 09-60041California523 words

Opinion

Lead Opinion

MEMORANDUM **

Arthur G. Lawrence appeals the Bankruptcy Appellate Panel’s (BAP) dismissal of his appeal for failure to prosecute and the BAP’s denial of his motions for reconsideration. We have jurisdiction under 28 U.S.C. § 158 (d), we review for an abuse of discretion, see In re Morrissey, 349 F.3d 1187, 1190 (9th Cir.2003), and we affirm.

Lawrence received repeated warnings from the BAP that his appeal would be dismissed if he failed to prosecute. He received warnings in two briefing orders in June 2008 and April 2009. In a separate April 2009 order, the BAP said that, “Given the age of these appeals, the parties have had sufficient time to prepare their arguments”; the order also warned that “Requests for extension of time will not be viewed favorably.” In a May 2009 order, the BAP warned Lawrence that his continued failure to comply with his obligation to designate the record “may result in dismissal of the appeal or summary affirmance of the bankruptcy court’s decision.” And in another May 2009 order, the BAP granted Lawrence an extension of time in which to file his opening brief with the clear admonition that: “If Mr. Lawrence *675 does not file and serve his opening…

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