GARCERAN v. WEINMAN et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 5 Report and Recommendations, on 4 Motion to Dismiss/Lack of Jurisdiction filed by EMMA MERRIDETH, KEVIN WEINMAN, ESQ., BELSOLE AND KURNOS, ROY KURNOS, ESQ. ***CIVIL CASE TERMINATED. Signed by Judge Claire C. Cecchi on 1/29/2016. (ld, )

NOT FOR PUBLICATION

CLOSED

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

CARLOS GARCERAN,
Plaintiff,

Civil Action No. 15-3 133 (CCC-Mf)
ORDER

V.

KEVIN WEINMAN, ESQ., etal.,

Defendant.

CECCHI, District Judge.

This matter comes before the Court on the motion of Defendants Kevin Weinman, Esq.,
Roy Kumos, Esq., Emma Meredith, and Belsole & Kumos, LLC’s (collectively, “Defendants”)
to dismiss pro se Plaintiff Carlos Garceran’s (“Plaintiff’) Complaint for lack of federal subject
matter jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(1), and for failure to state a
claim, pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 4.) Plaintiff did not
oppose Defendants’ motion. On January 6, 2016, Magistrate Judge Mark Falk issued a Report
and Recommendation that Defendants’ motion to dismiss for lack of subject matter jurisdiction
and for failure to state a claim be granted. (ECF No. 5.) Judge Falk also recommended
Plaintiffs Complaint be dismissed as against Defendants New Jersey Bar Association, the
Morris County Superior Court and the Administrator of the Court, even though they have not
filed a motion, because the Court lacks subject matter jurisdiction, and because Plaintiff has
failed to serve those defendants for more than seven months. See Fed. R. Civ. P. 4(m) (requiring
dismissal for failure to serve after 120 days; recently amended to 90 days). No objections have

been filed thereto. The Court has considered the submissions of the parties, and Judge Falk’s
Report and Recommendation, and for substantially the same reasons stated therein;
IllSonthis 2’( dayof

,2016

i-—y

ORDERED this Court adopts Judge Falk’s January 6, 2016 Report and Recommendation

that Defendants’ motion to dismiss for lack of subject matter jurisdiction and for failure to state a
claim, ECF No. 4, be granted; and it is further
ORDERED this case be dismissed without prejudice as against all defendants, including
the New Jersey Bar Association, the Morris County Superior Court and the Administrator of the
Court, even though they have not filed a motion; and it is further
ORDERED the Clerk of the Court shall close the file in this matter.
SO ORDERED.

CLAIRE C. CECCHI, U.S.D.J.