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Haken v. The Money Store, 96-2147 (1997)

Court: Court of Appeals for the First Circuit Number: 96-2147 Visitors: 13
Filed: May 08, 1997
Latest Update: Mar. 02, 2020
Summary: THE MONEY STORE, ET AL.Defendants, Appellees.____________________, and Lynch, Circuit Judge.Ludwig L. Haken, I on brief pro se., __________________, Mark G. May and Thornton Thornton, P.A.Per Curiam.debtor read Rule 8009.but are, in any event, meritless.
USCA1 Opinion












[NOT FOR PUBLICATION]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.

____________________


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
____________________



















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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Source:  CourtListener

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