Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: LORECE WRIGHT, Debtor. ANTHONY WRIGHT, Sr., Appellant, v. BAYVIEW LOAN SERVICING, LLC, a limited liability company; et al., Appellees.
MEMORANDUM*
Anthony Wright, Sr. appeals pro se from the district court's order dismissing for failure to prosecute Lorece Wright's appeal from the bankruptcy court's order granting summary judgment. We have jurisdiction under 28 U.S.C. § 158(d). We review for an abuse of discretion. Morrissey v. Stutville (In re Morrissey), 349 F.3d 1187, 1190 (9th Cir. 2003). We affirm.
The district court did not abuse its discretion in dismissing Lorece Wright's bankruptcy appeal for failure to prosecute because it warned her that a failure to file an opening brief on her own behalf would result in dismissal, gave her a 30-day extension of time to obtain counsel or file her opening brief, and did not dismiss the appeal until two years after she failed to submit her opening brief. See Moneymaker v. CoBen (In re Eisen), 31 F.3d 1447, 1451 (9th Cir. 1994) (discussing factors courts must consider when deciding whether to dismiss for failure to prosecute).
Because we affirm the district court's dismissal for failure to prosecute, we do not consider Lorece Wright's challenges to the bankruptcy court's orders granting summary judgment. See In re Morrissey, 349 F.3d at 1190.
We reject as without merit Lorece Wright's contentions that the bankruptcy court lacked jurisdiction
Lorece Wright's requests, set forth in the opening and reply briefs, are denied.
AFFIRMED.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 14-56852
Decided: October 05, 2016
Court: United States Court of Appeals, Ninth Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)