Metcalf v. Wernerdal (In re Adbox, Inc.)
Metcalf v. Wernerdal (In re Adbox, Inc.)
Opinion of the Court
MEMORANDUM
Donald and Janet Metcalf appeal the district court’s dismissal for failure to prosecute their appeal of the bankruptcy court’s order quashing their subpoenas and imposing sanctions. We review dismissal of an appeal for failure to prosecute for abuse of discretion, Dunmore v. United States, 358 F.3d 1107, 1111 (9th Cir. 2004), and we affirm.
Under 11 U.S.C. § 362(a), filing for bankruptcy effects an automatic stay
The appeal not being stayed, the district court did not abuse its discretion in dismissing it for failure to prosecute. The Metcalfs admittedly took no action to prosecute the appeal before the district court issued its order to show cause why the appeal should not be dismissed and also failed to give a timely and adequate response to that order.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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