Haken v. The Money Store ( 1997 )

[NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 96-2147 LUDWIG HAKEN, I AND NAOMI HAKEN, Appellants, v. THE MONEY STORE, ET AL., Defendants, Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE [Hon. Joseph A. DiClerico, U.S. District Judge] Before Selya, Circuit Judge, Cyr, Senior Circuit Judge, and Lynch, Circuit Judge. Ludwig L. Haken, I on brief pro se. Mark G. May and Thornton & Thornton, P.A. on brief for appellee. May 7, 1997 Per Curiam. The district court did not abuse its discretion in dismissing debtor's appeal for lack of prosecution when debtor failed to file a brief within Rule 8009's 15-day limit. The July 25, 1996 notice of docketing and briefing deadline, which clearly referenced Rule 8009, was not confusing and should not have misled debtor had debtor read Rule 8009. Debtor's other arguments are outside the scope of the present appeal from the August 14, 1996 and September 19, 1996 orders dismissing for lack of prosecution, but are, in any event, meritless. Affirmed. -2-