Hayes et al v. Wells Fargo Bank, N.A.

Filing 45

ORDER DISMISSING CASE WITH PREJUDICE FOR FAILURE TO PROSECUTE. ***Civil Case Terminated. Signed by Judge Kandis A. Westmore on 9/30/2013. (kawlc1, COURT STAFF) (Filed on 9/30/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 RALPH HAYES, 9 Plaintiff, Case No.: CV 13-00420 KAW ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE 10 11 Northern District of California United States District Court 12 13 v. WELLS FARGO BANK, N.A., Defendant. 14 15 Plaintiff Ralph Hayes filed this action against Defendant Wells Fargo Bank. On August 16 12, 2013, the Court dismissed Plaintiff’s First Amended Complaint with leave to amend only the 17 first, third, and twelfth causes of action to the extent that Plaintiff can truthfully allege non- 18 preempted allegations. Plaintiff was given 30 days to file a second amended complaint, but did 19 not do so, presumably because he could not allege non-preempted allegations. 20 21 22 23 24 25 26 27 28 As a result, the Court dismisses Plaintiff’s complaint with prejudice for failure to prosecute. The Clerk of the Court shall close this case. IT IS SO ORDERED. DATE: September 30, 2013 ___________________________ KANDIS A. WESTMORE United States Magistrate Judge

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