Sanowski

Sanowski v. Mae

Good Law
223 F. App'x 642
United States Court of Appeals for the Ninth CircuitFebruary 28, 2007Nos. 05-35116, 05-35120, 05-35122California309 words

Opinion

Lead Opinion

MEMORANDUM **

Mary Kathryn Sanowski, now known as Mary Kathryn Russell, appeals pro se from the district court’s order dismissing her three appeals from the bankruptcy court’s orders in underlying Chapter 7 proceedings. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We review for abuse of discretion, Fitzsimmons v. Nolden (In re Fitzsimmons), 920 F.2d 1468, 1471 (9th Cir.1990), and we affirm.

The record demonstrates that Russell failed to file a designation of the bankruptcy court record within ten days of filing her three notices of appeal, as required under Fed. R. Bankr.P. 8006, and that she failed to designate the record in two of the three appeals, even after repeated extensions and explicit court orders to do so. Although Russell eventually filed the appropriate designation in one of her appeals, her own motions (including a motion for consolidation) linked the three appeals, and therefore the district court did not abuse its discretion in dismissing all three appeals in the face of her continued and unjustified defiance of its orders. *644 See Fitzsimmons, 920 F.2d at 1473-75 (holding that district court may dismiss bankruptcy appeal without explicit consideration…

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