Michael Shemonsky v. Michael Oleyar, Jr., (3rd Cir. 2009)
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HLD-121(July 2009) NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 09-1781
In Re: MICHAEL R. SHEMONSKY,
Appellant
On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil No. 09-cv-00197)
District Judge: Honorable Malcolm Muir
Submitted for Possible Dismissal Pursuant to 28U.S.C. § 1915(e)(2)(B)
or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
July 31, 2009
Before: SCIRICA, Chief Judge WEIS and GARTH Circuit Judges
(Opinion filed: August 14, 2009)
OPINION
PER CURIAM. Michael R. Shemonsky appealed to the District Court from an order of the Bankruptcy Court that denied his motion to reopen. The District Court affirmed the Bankruptcy Court's order, and this appeal followed. Shemonsky sought to reopen a bankruptcy case that had been dismissed for failure to timely file documents. After a hearing on December 17, 2008, at which Shemonsky was unable to provide a valid reason why he did not timely file the required documents, the Bankruptcy Court denied his motion to reopen. Shemonsky appealed that order to the United States District Court for the Middle District of Pennsylvania. The District Court affirmed the Bankruptcy Court's order and summarily denied Shemonsky's appeal because he had failed to raise any issue of merit.
Upon careful review of the record, including the transcript of the hearing held on December 17, 2008, we agree that Shemonsky raised no issue of arguable merit to the District Court. As this appeal presents no substantial question, we will affirm the judgment of the District Court pursuant to I.O.P. 10.6
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