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)

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