Yan v. Fu ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 YAN, Case No. 19-cv-04309-HSG 8 Plaintiff, ORDER DISMISSING APPEAL 9 Vv. 10 FU, 11 Defendant. 12 Plaintiff-Appellant Demas Yan, proceeding pro se, filed a Notice of Appeal on July 26, 13 || 2019, appealing the Bankruptcy Court’s denial of his motion for a new trial in case number 17- 14 4056. Dkt. No. 1. On September 30, 2019, the Clerk from the United States Bankruptcy Court 3 15 || notified the Court that Yan failed to perfect the appeal pursuant to Federal Rule of Bankruptcy 16 |} Rule 8009(a)(4). Dkt. No. 4. It has now been over 140 days since the notification, and Yan has 3 17 || provided no explanation for his failure to complete the record on appeal nor taken any observable 18 || action. Yan further failed to respond to the Court’s order to show cause why the case should not 19 || be closed in light of case number 4:19-cv-05633-HSG, which also appeals Bankruptcy Court case 20 || number 17-4056. 21 The Court thus DISMISSES the appeal for failure to prosecute. See e.g., Greco v. 22 || Stubenberg, 859 F.2d 1401, 1403-04 (9th Cir. 1988) (finding an appellant’s failure to take steps 23 || required to perfect his appeal was grounds for dismissal due to failure to prosecute). 24 IT IS SO ORDERED. 25 || Dated: 2/20/2020 26 Apupured 8 Mb). HAYWOOD S. GILLIAM, JR. United States District Judge 28