NEST v. NATIONSTAR MORTGAGE, LLC. et al

Filing 32

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, )

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY MARTIN LUTHER KING COURTHOUSE 50 WALNUT ST. ROOM 5076 NEWARK, NJ 07101 973-297-4887 CHAMBERS OF ESTHER SALAS UNITED STATES DISTRICT JUDGE September 25, 2017 LETTER ORDER Re: Nest v. Nationstar Mortgage, et al. Civil Action No. 16-4282 (ES) (MAH) Dear Parties: 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 further 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. s/Esther Salas Esther Salas, U.S.D.J.

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