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7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 JOSEPH IZHAKPOR, Case No. 2:24-CV-07352-CV-JPR

12 Plaintiff, ORDER RE DISMISSAL OF CASE

13 v.

14 THE BANK OF NEW YORK MELLON f/n/a THE BANK OF NEW 15 YORK AS INDENTURED TRUSTEE

FOR CWHEQ REVOLVING HOME

16 EQUITY LOAN TRUST,

17 Defendant.

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19 On March 19, 2025, the Court granted Defendant The Bank of New York 20 Mellon’s (“Defendant”) Motion to Dismiss Plaintiff Joseph Izhakpor’s (“Plaintiff”) 21 First Amended Complaint, with leave to amend and Plaintiff was given until March 22 31, 2025, to file a Second Amended Complaint. (Doc. # 26.) That order noted that 23 “a failure to timely file a Second Amended Complaint shall result in all claims being 24 dismissed for failure to prosecute and/or failure to comply with a Court order.” 25 (Doc. # 26.) Plaintiff did not, and still has not, filed a Second Amended Complaint. 26 On April 7, 2025, the Court issued an Order to Show Cause Re: Dismissal for Lack 27 of Prosecution. (Doc. # 27.) Per that order, the Court indicated that failure to 1 || # 27). On May 14, 2025, Defendant filed a request to dismiss the case. Plaintiff has 2 || not responded. 3 The Court may dismiss a case with prejudice for lack of prosecution and/or 4 || failure to comply with the Court’s Order. Fed. R. Civ. P. 41(b); Link v. Wabash R.R. 5 || Co., 370 U.S. 626, 629-30 (1962). Due to Plaintiff's failure to (1) file a timely 6 || Second Amended Complaint and (2) file a response to the Court’s OSC, IT IS ORDERED THAT this action is hereby dismissed, with prejudice. 8

IT IS SO ORDERED.

1 || Dated: 5/28/25 ypathin Valonzusla

HOM. CYNTHIA VALENZUELA

12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28