Richardson, et al v. Parker Doc.

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Case 1:03-cv-05628-AWI Document 13 Filed 03/26/2007 Page 1 of 2

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6 UNITED STATES DISTRICT COURT
7 EASTERN DISTRICT OF CALIFORNIA
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9 SAMMYE A. RICHARDSON, ) CIV-F-03-5628 AWI
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10 Appellant, ) ORDER DISMISSING APPEAL FOR
) LACK OF PROSECUTION
11 v. )
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12 RANDALL PARKER )
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13 Appellee. )
____________________________________ )
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16 Appellant initiated an appeal from an order of the bankruptcy court on May 16, 2003.
17 Doc. 1. On June 5, 2003, the bankruptcy clerk’s office sent notice that the record on appeal was
18 incomplete. Doc. 4. There was no response from the parties. Instead, Appellant filed a request
19 for dismissal. Doc. 5. The request was denied. Doc. 6. On April 5 and 16, 2004, Appellant made
20 motions to transfer jurisdiction. Docs. 9 and 10. The court ordered that the filings be disregarded
21 for improperly attempting to join new “appellees” to the case, defective proof of service, and
22 defective service. Doc. 11.
23 On February 22, 2007, this court issued an Order to Show Cause, directing Appellant to
24 show cause in writing within 20 days why this appeal should not be denied for failure to
25 prosecute. Doc. 12. Appellant has not responded to the Order. At this point, there is no record
26 on appeal and there has been no contact from the Appellant since April 2004; Appellant appears
27 to have abandoned the case. “The district court has the inherent power sua sponte to dismiss a
28 case for lack of prosecution.” Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986),

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 Case 1:03-cv-05628-AWI Document 13 Filed 03/26/2007 Page 2 of 2

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2 Given these circumstances, the appeal is DISMISSED.
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4 IT IS SO ORDERED.
5 Dated: March 23, 2007 /s/ Anthony W. Ishii
0m8i78 UNITED STATES DISTRICT JUDGE
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