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In Re: Michael T. Carey and Leone R. Carey, Debtors. v. Michael T. Carey and Leone R.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 7, 2011

IN RE: MICHAEL T. CAREY AND LEONE R. CAREY, DEBTORS. UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MICHAEL T. CAREY AND LEONE R. CAREY, DEFENDANTS.

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

MEMORANDUM AND ORDER

This matter is before the court on appellee the United States of America's motion to dismiss this bankruptcy appeal as untimely filed.*fn1 Appellee originally noticed the motion for May 27, 2011. However, pro se appellants, debtors Michael and Leone Carey, did not respond to the motion. As such, on May 17, 2011, the court issued an order to show cause ("OSC"), ordering appellants, on or before May 27, 2011, (1) to show cause why they should not be sanctioned $150.00 for their failure to timely file an opposition or statement of non-opposition to the motion and (2) to respond to appellee's motion. (Docket #5.) Appellants again did not respond.

Accordingly, the court construes appellants' failure to respond as a non-opposition to appellee's motion, and it HEREBY grants appellee's motion, dismissing the appeal as untimely.

Fed. R. Bank. Proc. § 8002(a) (requiring a Notice of Appeal to be filed within 14 days of the entry of the applicable order).*fn2

Considering appellants' pro se status, the court will nonetheless discharge the OSC. Appellants' appeal is dismissed but the court will not enter sanctions against appellants.

IT IS SO ORDERED.


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