In re Nealen

United States Court of Appeals for the Third Circuit, Case No. 10-1795, In re Nealen, Oct. 14, 2010
The United States Court of Appeals for the Third Circuit affirmed an order of the United States District Court for the Western District of Pennsylvania dismissing pro se petitioner's appeal of order dismissing bankruptcy petition because of lack of prosecution and failure to follow procedural requirements. Applying the six factor test set forth in Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863, 868 (3d Cir. 1984), the court held that the district court did not abuse its discretion in affirming the bankruptcy court's order.
Procedural context:
Appeal from district court order dismissing appeal of bankruptcy court order dismissing chapter 13 bankruptcy petition.
Acting pro so, petitioner John J. Nealen filed a chapter 13 petition in the Western District of Pennsylvania. Several weeks later, the bankruptcy court dismissed the petition because the filing was deficient and because petitioner did not timely provide all documents necessary to complete the petition. Nealen thereafter filed a one page letter motion that the bankruptcy court denied and treated as a notice of appeal. After Nealen failed to brief the issues on appeal further, the district court dismissed the appeal for failure to prosecute and failure to follow procedural requirements.
Judges: Sloviter, Jordan, and Greenaway, Jr., per curiam

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