Lopez v. Bank of America et al

Filing 5

ORDER DISMISSING Case With Prejudice for Failure to Follow a Court Order, signed by District Judge Lawrence J. O'Neill on 5/24/11. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE de JESUS MONTES LOPEZ,

CASE NO. 1:11-cv-00485-LJO-SMS

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Plaintiffs,
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ORDER DISMISSING CASE WITH
PREJUDICE FOR FAILURE TO
FOLLOW A COURT ORDER

v.
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BANK OF AMERICA,
et al.,

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Defendants.

(Docs. 2 and 4)
/

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On March 28, 2011, this Court dismissed Plaintiff’s complaint for failure to state a claim.

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The March 28, 2011 order granted Plaintiff leave to file an Amended Complaint within thirty

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(30) days of service of the order. In the event that Plaintiff failed to timely file an Amended

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Complaint, the case was to be dismissed with prejudice.

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On April 12, 2011, Plaintiff filed a document captioned “Response to Order to Show

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Cause,” which attempted to explain the allegations of the original complaint. The Magistrate

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Judge struck this document and again ordered Plaintiff to file an amended complaint curing the

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deficiencies identified in the March 28, 2011 order within thirty (30) days of service of the April

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12, 2011 order. In the event that Plaintiff failed to timely file an Amended Complaint, the case

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was to be dismissed with prejudice.

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Plaintiff having failed to file an Amended Complaint within thirty (30) days of service of

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the April 12, 2011 order , it is hereby ORDERED that this case be dismissed with prejudice for

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failure to follow a Court order.

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IT IS SO ORDERED.

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Dated:
b9ed48

May 24, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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