Bialla v. Bank of America, NA et al
ORDER of dismissal for failure to prosecute. Signed by Judge Hamilton on 06/05/2012. (pjhlc2, COURT STAFF) (Filed on 6/5/2012)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
No. C 12-0262 PJH
ORDER OF DISMISSAL FOR
FAILURE TO PROSECUTE
BANK OF AMERICA, N.A., et al.,
The complaint in this case was dismissed on April 20, 2012 because it failed to state
a claim given that it was largely incomprehensible and unintelligible. The dismissal was
with leave to amend. Plaintiff did not file an amended complaint by the deadline and no
communication with her has been received by the court.
The court having considered the five factors set forth in Malone v. United States
Postal Service, 833 F.2d 128, 130 (9th Cir. 1987), and having determined that
notwithstanding the public policy favoring the disposition of actions on their merits, the
court's need to manage its docket and the public interest in the expeditious resolution of the
litigation require dismissal of this action. In view of plaintiff's lack of response to this court's
prior order(s), the court finds there is no appropriate less drastic sanction. Accordingly, this
action is dismissed with prejudice pursuant to Fed. R. Civ. pro. 41(b) for plaintiff's failure to
Dated: June 5, 2012
PHYLLIS J. HAMILTON
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?