Third Circuit disposition — 091781np-pdf

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HLD-121(July 2009) NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 09-1781
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In Re: MICHAEL R. SHEMONSKY,
Appellant
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On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil No. 09-cv-00197)
District Judge: Honorable Malcolm Muir
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Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)
or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
July 31, 2009
Before: SCIRICA, Chief Judge WEIS and GARTH Circuit Judges
(Opinion filed: August 14, 2009)
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OPINION
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PER CURIAM.
Michael R. Shemonsky appealed to the District Court from an order of the
Bankruptcy Court that denied his motion to reopen. The District Court affirmed the
Bankruptcy Court’s order, and this appeal followed.
Shemonsky sought to reopen a bankruptcy case that had been dismissed for

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failure to timely file documents. After a hearing on December 17, 2008, at which
Shemonsky was unable to provide a valid reason why he did not timely file the required
documents, the Bankruptcy Court denied his motion to reopen. Shemonsky appealed that
order to the United States District Court for the Middle District of Pennsylvania. The
District Court affirmed the Bankruptcy Court’s order and summarily denied Shemonsky’s
appeal because he had failed to raise any issue of merit.
Upon careful review of the record, including the transcript of the hearing
held on December 17, 2008, we agree that Shemonsky raised no issue of arguable merit to
the District Court. As this appeal presents no substantial question, we will affirm the
judgment of the District Court pursuant to I.O.P. 10.6

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