[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 96-2147
LUDWIG HAKEN, I AND NAOMI HAKEN,
Appellants,
v.
THE MONEY STORE, ET AL.,
Defendants, Appellees.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Joseph A. DiClerico, U.S. District Judge] ___________________
____________________
Before
Selya, Circuit Judge, _____________
Cyr, Senior Circuit Judge, ____________________
and Lynch, Circuit Judge. _____________
____________________
Ludwig L. Haken, I on brief pro se. __________________
Mark G. May and Thornton & Thornton, P.A. on brief for appellee. ___________ _________________________
____________________
May 7, 1997
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Per Curiam. The district court did not abuse its __________
discretion in dismissing debtor's appeal for lack of
prosecution when debtor failed to file a brief within Rule
8009's 15-day limit. The July 25, 1996 notice of docketing
and briefing deadline, which clearly referenced Rule 8009,
was not confusing and should not have misled debtor had
debtor read Rule 8009. Debtor's other arguments are outside
the scope of the present appeal from the August 14, 1996 and
September 19, 1996 orders dismissing for lack of prosecution,
but are, in any event, meritless.
Affirmed. ________
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