Biondolillo v. Burke

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
IN RE MICHAEL BURKE,
Debtor.
_________________________________
JASON BIONDOLILLO,
Appellant,
v.
MICHAEL BURKE,
Appellee.
Case No. 25-cv-02477-REB
Bankr. No. 24-11700-JGR
Adv. No. 25-01116-JGR
ORDER DISMISSING APPEAL
On December 31, 2025, [ECF No. 7] Appellant filed his Opening Brief and a non-compliant
appendix. On January 6, 2026, the Court entered a Notice of Deficiency requiring Appellant file a
compliant appendix [ECF No. 8] by January 20, 2026, or the appeal would be dismissed for failure to
prosecute. On January 20, 2026, [ECF No. 9] Appellant filed another Opening Brief with another non-
compliant appendix.
Accordingly, it is HEREBY ORDERED that this appeal is DISMISSED for failure to
prosecute. Fed. R. Bankr. P. 8003(a)(2). This dismissal is subject to Appellant’s right to cure the
deficiency within the fourteen (14) day rehearing period provided by Federal Rule of Bankruptcy
Procedure 8022 by filing an amended appendix that complies with Federal Rule of Bankruptcy Procedure
8015 and 8018(b)(1), (c).
Dated this 23rd day of January 2026.
BY THE COURT:
.
Case No. 1:25-cv-02477-REB Document 10 filed 01/23/26 USDC Colorado pg 1
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