New Bankruptcy Opinion: IN RE SARALAND, LLLP – Dist. Court, SD Georgia, 2015

IN RE: SARALAND, LLLP, Debtor.

LISTER W. HARRELL; SARALAND, LLLP; and PARADISE FARMS, INC., Plaintiffs,

v.

NIKKI HARRELL MULLIS; BRETT COLEMAN; SID CARTER; SARA HARRELL; DONALD HELMS; and LYNN SHEFFIELD, Defendants.

Bankruptcy No. 12-30113, Cv. No. 314-133, Adversary Bankruptcy Court No. 14-03009.

United States District Court, S.D. Georgia. Dublin Division.

January 26, 2015.

ORDER

J. RANDAL HALL, District Judge.

Mr. Lister W. Harrell appeals the decision of the United States Bankruptcy Court, Southern District of Georgia, to dismiss an adversary proceeding which was filed by Mr. Harrell and purportedly two entities of which he is a principal, Saraland, LLLP and Paradise Farms, Inc. [1] The underlying bankruptcy case is a Chapter 11 proceeding involving Saraland, LLLP — Bankruptcy Case No. 12-30113 (S.D. Ga. Mar. 29, 2012).

The Bankruptcy Court dismissed the adversary proceeding on August 7, 2014, upon Mr. Harrell’s failure to pay the required filing fee and his failure to substantially conform to the applicable rules and forms for filing an adversary proceeding. [2] On September 24, 2014, Mr. Harrell filed a notice of appeal, but he did not pay the appellate filing fee.

On December 9, 2014, this Court adopted the Report and Recommendation of the United States Bankruptcy Court denying Mr. Harrell in forma pauperis status. In this same Order of December 9, 2014, this Court gave Mr. Harrell ten days to file the required filing fee or face dismissal of the appeal.

On December 19, 2014, Mr. Harrell filed a Notice of Appeal to the Eleventh Circuit Court of Appeals, appealing the December 9, 2014 Order directing the payment of the filing fee. (Doc. No. 7.) The Notice of Appeal was accompanied by a motion for leave to appeal in forma pauperis and motion to appoint counsel. (Doc. Nos. 8 & 9.) Because a final judgment or order had not been entered in this case at that point, Mr. Harrell’s notice of appeal is premature and improper. Nevertheless, it is clear from this case and the multitude of other appeals filed by Mr. Harrell in this Court that he does not plan to pay the filing fee. Accordingly, IT IS ORDERED that the instant appeal be DISMISSED. [3]

IT IS FURTHER ORDERED, in accordance with Federal Rule of Appellate Procedure 4(a) (2), that Mr. Harrell’s Notice of Appeal to the Eleventh Circuit is deemed filed as of the date of this entry of this Order. Further, the appeal is frivolous and without merit; accordingly, Mr. Harrell’s motion to proceed in forma pauperis on appeal (doc. no. 8) is DENIED. See 28 U.S.C. § 1915(a)(3). The motion to appoint counsel (doc. no. 9) is therefore DENIED AS MOOT.

[1] At a hearing on August 5, 2014, the Chapter 11 Trustee for Saraland, LLLP, represented that neither he nor the Chapter 7 Trustee for Paradise Farms, Inc., had authorized the filing of the adversary proceeding on behalf of their respective entities. (See Bankr. Doc. No. 12, Bankr. Case No. 14-03009.)

[2] The Bankruptcy Court also considered and denied on the merits Mr. Harrell’s request for an injunction. (Bankr. Doc. No. 12, Bankr. Case No. 14-03009.) The Bankruptcy Court denied Mr. Harrell’s motion for reconsideration on September 5, 2014. (Bankr. Doc. No. 18, Bankr. Case No. 14-03009.)

[3] The Clerk is directed to CLOSE the case; Mr. Harrell’s motion for extension of time and motion to produce, filed on December 10, 2014, and the multiple miscellaneous motions filed on January 13, 2015, are DENIED AS MOOT.

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