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In re McIntyer

UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT


September 28, 2010

IN RE RENE MCINTYRE, DEBTOR.
RENE MCINTYRE, APPELLANT,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, APPELLEE.

Bk. No. 10-10974

District Court No. 10-80141

ORDER RE PROSECUTION OF APPEAL

(Response Required)

Before: JURY and HOLLOWELL, Bankruptcy Judges.

On June 15, 2010, the BAP entered an order transferring appellant's IFP motion to district court. On June 29, 2010, the district court denied appellant's motion without prejudice to the submission of a complete affidavit regarding monthly expenses.

On August 10, 2010, the BAP issued an order requiring appellant to resolve the IFP issue and file the briefs and excerpts no later than September 9, 2010. The August 10, 2010, order warned, "[n]o further extensions of time will be granted to appellant with respect to the fee issue or the filing of the opening brief and excerpts of the record absent extraordinary circumstances. Failure to comply with the requirements of this order may result in dismissal of this appeal for lack of prosecution without further notice to the parties."

The BAP received appellant's opening brief and excerpts on September 13, 2010.

Appellant filed an application to proceed IFP with the BAP on September 7, 2010. Appellant filed a further response regarding his IFP application on September 13, 2010. The September 13, 2010 response is a copy of a September 3, 2010 order from the bankruptcy court denying appellant's renewed request to proceed in forma pauperis. The September 7, 2010 application and the September 13, 2010 response both include an affidavit regarding appellant's monthly expenses, which could be considered by the district court in reviewing appellant's IFP request.

IT IS ORDERED THAT the September 7, 2010 application and the September 13, 2010 response will be forwarded to the district court for its consideration.

IT IS FURTHER ORDERED THAT appellant must file a response regarding the status of his renewed IFP request no later than Friday, October 8, 2010.

Failure to comply with the requirements of this order will result in dismissal of this appeal for lack of prosecution without further notice to the parties. 9th Cir. BAP R. 8070-1.

20100928

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