NEST v. NATIONSTAR MORTGAGE, LLC. et al
LETTER ORDER ADOPTING REPORT AND RECOMMENDATIONS for 29 Report and Recommendations. Plaintiff's Complaint is DISMISSED with prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b) ***CIVIL CASE TERMINATED. Signed by Judge Esther Salas on 9/25/17. (cm, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
MARTIN LUTHER KING
50 WALNUT ST.
NEWARK, NJ 07101
UNITED STATES DISTRICT JUDGE
September 25, 2017
Nest v. Nationstar Mortgage, et al.
Civil Action No. 16-4282 (ES) (MAH)
On April 28, 2017, Defendants moved to dismiss pro se Plaintiff’s Complaint. (D.E. No.
23 (“Motion”)). Plaintiff did not oppose Defendants’ Motion. On June 15, 2017, the Honorable
Michael A. Hammer, U.S.M.J., ordered Plaintiff to show cause in writing, no later than July 12,
2017, why his Complaint should not be dismissed for failure to prosecute this action pursuant to
Federal Rule of Civil Procedure 41. (D.E. No. 26 (“Order”)). To date, Plaintiff has not opposed
Defendants’ Motion nor responded to Magistrate Judge Hammer’s Order.
On August 29, 2017, Magistrate Judge Hammer issued a Report and Recommendation
recommending that this Court dismiss Plaintiff’s Complaint with prejudice for failure to prosecute
pursuant to Federal Rule of Civil Procedure 41(b). (D.E. No. 29 (“R&R)). Magistrate Judge
Hammer provided the parties fourteen days to file and serve any objections to the R&R pursuant
to 28 U.S.C. § 636 and Local Rule 7.1(c)(2). The parties did not file any objections.
The Court has considered Magistrate Judge Hammer’s Order and the R&R, and for the
reasons stated therein,
IT IS on this 25th day of September 2017,
ORDERED that this Court adopts Magistrate Judge Hammer’s R&R in full; and it is
ORDERED that Plaintiff’s Complaint is DISMISSED with prejudice for failure to
prosecute pursuant to Federal Rule of Civil Procedure 41(b); and it is further
ORDERED that the Clerk of Court shall TERMINATE docket entries 23 and 29 and mark
this matter CLOSED.
Esther Salas, U.S.D.J.
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