Bialla v. Bank of America, NA et al

Filing 17

ORDER of dismissal for failure to prosecute. Signed by Judge Hamilton on 06/05/2012. (pjhlc2, COURT STAFF) (Filed on 6/5/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 MELISSA BIALLA, Plaintiff(s), 7 8 No. C 12-0262 PJH v. ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE 9 BANK OF AMERICA, N.A., et al., 10 11 Defendant(s). ___________________________________/ 12 The complaint in this case was dismissed on April 20, 2012 because it failed to state 13 a claim given that it was largely incomprehensible and unintelligible. The dismissal was 14 with leave to amend. Plaintiff did not file an amended complaint by the deadline and no 15 communication with her has been received by the court. 16 The court having considered the five factors set forth in Malone v. United States 17 Postal Service, 833 F.2d 128, 130 (9th Cir. 1987), and having determined that 18 notwithstanding the public policy favoring the disposition of actions on their merits, the 19 court's need to manage its docket and the public interest in the expeditious resolution of the 20 litigation require dismissal of this action. In view of plaintiff's lack of response to this court's 21 prior order(s), the court finds there is no appropriate less drastic sanction. Accordingly, this 22 action is dismissed with prejudice pursuant to Fed. R. Civ. pro. 41(b) for plaintiff's failure to 23 prosecute. 24 SO ORDERED. 25 Dated: June 5, 2012 ______________________________ PHYLLIS J. HAMILTON United States District Judge 26 27 28 1

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