DEFILIPPO v. ALMEIDA

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 34 Report and Recommendations. The Complaint is dismissed without prejudice for failure to prosecute Plaintiff's case and comply with the Court's orders. etc. *** CIVIL CASE TERMINATED *** Signed by Judge Claire C. Cecchi on 2/13/2020. (dam, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
VINCENT J. DEFILIPPO,
Plaintiff,

Civil Action No.: 17-13026 (CCC)
ORDER

V.

ANDRE J. ALMEIDA, et a!.,
Defendants.
CECCHI, District Judge.
This matter was opened by the Court sua sponte based on Plaintiff Vincent J. Defilippo’s
failure to comply with Court orders and to prosecute his case. On June 3, 2019, Plaintiffs former
attorney, Michael Peter Rubas, moved to withdraw from this matter because of Plaintiffs alleged
failure to provide information to his attorney or participate in his case. (ECF No. 23). Plaintiff
subsequently failed to appear as ordered at an in-person conference scheduled for August 27, 2019.
On August 27, 2019, Magistrate Judge James B. Clark III granted Rubas’s motion to withdraw
and issued an Order to Show Cause why the case should not be recommended for dismissal. (ECF
Nos. 29, 30).

Plaintiff failed to respond to the Court’s Order to Show Cause and did not appear

as ordered at a hearing on October 21, 2019.
On October 30, 2019, Judge Clark issued a Report and Recommendation (“R&R”) that the
Court dismiss Plaintiffs Complaint without prejudice due to Plaintiffs failure to prosecute his
case and comply with Court orders. (ECF No. 34). No objections have been filed thereto. The
Court has considered Judge Clark’s R&R, and for substantially the same reasons stated therein:
IT IS on this

i3

day of

,

‘2ao

ORDERED this Court adopts Judge Clark’s October 30, 2019 R&R that the Complaint be
dismissed without prejudice for failure to prosecute Plaintiffs case and comply with the Court’s
orders; and it is further
ORDERED the Clerk of Court shall CLOSE the file in this matter.

SO ORDERED.

7’
CLAIRE C. CECCHI, U.S.D.J.