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Simmonds v. Wells Fargo Bank

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 25, 2018
No. 17-56061 (9th Cir. Jun. 25, 2018)

Opinion

No. 17-56061

06-25-2018

AMANY SIMMONDS, Plaintiff-Appellant, v. WELLS FARGO BANK, N.A.; DOES, 1-100, inclusive, Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No. 8:17-cv-00337-DOC-JEM MEMORANDUM Appeal from the United States District Court for the Central District of California
David O. Carter, District Judge, Presiding Before: RAWLINSON, CLIFTON and NGUYEN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Amany Simmonds appeals from the district court's order dismissing for failure to prosecute her diversity action arising from foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Edwards v. Marin Park, Inc., 356 F.3d 1058, 1063 (9th Cir. 2004). We affirm.

The district court did not abuse its discretion by dismissing Simmonds's action because Simmonds failed to file an amended complaint or indicate that she intended to stand by her complaint. See id. at 1065 ("The failure of the plaintiff eventually to respond to the court's ultimatum - either by amending the complaint or by indicating to the court that it will not do so - is properly met with the sanction of a Rule 41(b) dismissal."); Yourish v. Cal. Amplifier, 191 F.3d 983, 990 (9th Cir. 1999) (listing factors to be considered in dismissing a case as a sanction for failure to prosecute).

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.


Summaries of

Simmonds v. Wells Fargo Bank

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 25, 2018
No. 17-56061 (9th Cir. Jun. 25, 2018)
Case details for

Simmonds v. Wells Fargo Bank

Case Details

Full title:AMANY SIMMONDS, Plaintiff-Appellant, v. WELLS FARGO BANK, N.A.; DOES…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jun 25, 2018

Citations

No. 17-56061 (9th Cir. Jun. 25, 2018)