In re: PHILIP ORAN DODSON v. Nevers Palazzo Packard Wildermuth and Wynner Pc

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: PHILIP ORAN DODSON,
Debtor.
______________________________
PHILIP ORAN DODSON,
Appellant,
v.
NEVERS PALAZZO PACKARD
WILDERMUTH AND WYNNER PC,
Appellee.
No. 19-56325
D.C. No. 2:19-cv-06165-VAP
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted April 20, 2021**
Before: THOMAS, Chief Judge, TASHIMA and SILVERMAN, Circuit Judges.
Chapter 7 debtor Philip Oran Dodson appeals from the district court’s
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
APR 28 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 19-56325
judgment dismissing his bankruptcy appeal for failure to prosecute. We have
jurisdiction under 28 U.S.C. §§ 158(d) and 1291. We review for an abuse of
discretion, Moneymaker v. CoBen (In re Eisen), 31 F.3d 1447, 1451 (9th Cir.
1994), and we affirm.
The district court did not abuse its discretion by dismissing Dodson’s appeal
for failure to prosecute. Dodson received multiple notices from the bankruptcy
court clerk explaining his obligation to comply with the Federal Rules of
Bankruptcy Procedure regarding completion of the record on appeal and warning
that failure to comply with time requirements as stated in the notices may result in
dismissal of the appeal. See id. at 1451-56 (discussing factors for district court to
weigh in determining whether to dismiss for failure to prosecute); Ferdik v.
Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 1992) (this court may review the record
independently if the district court does not make explicit findings to show its
consideration of the factors); see also Fed. R. Bankr. P. 8009(a) (setting forth
appellant’s responsibility to file and serve a designation of record and statement of
issues on appeal within 14 days after the notice of appeal becomes effective).
Dodson’s request to augment the record on appeal (Docket Entry No. 13) is
denied.
AFFIRMED.

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