Filed: Jan. 08, 2002
Latest Update: Feb. 21, 2020
Summary: Lynch and Lipez, Circuit Judges.Friedrich Lu on brief pro se., Mark N. Berman, Christopher R. Mirick, and Hutchins, Wheeler, & Dittmar on brief for appellee.Per Curiam.error in the dismissal pursuant to D. Mass. Loc. R. Bankr.directed by, and then affirmed by, a district judge.unappealable order) .
[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 01-1491
IN RE: PAUL RAVIDA,
Debtor,
_____________________
FRIEDRICH LU,
Plaintiff, Appellant,
v.
PAUL RAVIDA,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Robert E. Keeton, U.S. District Judge]
Before
Campbell, Senior Circuit Judge,
Lynch and Lipez, Circuit Judges.
Friedrich Lu on brief pro se.
Mark N. Berman, Christopher R. Mirick, and Hutchins, Wheeler
& Dittmar on brief for appellee.
January 7, 2002
Per Curiam. After a thorough review of the record
and of the parties’ submissions, we affirm. There was no
error in the dismissal pursuant to D. Mass. Loc. R. 203(A),
as that Rule clearly authorizes dismissal of an appeal in an
adversary proceeding where appellant has failed to comply
with the mandates of Fed. R. Bankr. P. 8006 and 8001(a). We
see no constitutional infirmity in the local rule, as any
dismissal under the rule is reviewable by an Article III
judge in the district court, and in this instance was first
directed by, and then affirmed by, a district judge. The
bankruptcy court was not without jurisdiction to enter the
order of dismissal, despite the fact that the case was on
appeal to this court at the time, since the appeal here was
an improper interlocutory one. See United States v. Brooks,
145 F.3d 446, 456 (1st Cir. 1998) (lower court “may proceed,
notwithstanding the filing of an appeal, if the notice of
appeal is defective in some substantial and easily
discernible way (if, for example, it is based on an
unappealable order) . . . .).
Affirmed. 1st Cir. Loc. R. 27(c).