DOS SANTOS v. BOROUGH OF FLEMINGTON et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS; Granting Defendants' Motion to Dismiss 17 ; Dismissing the Plaintiffs Complaint without Prejudice. Signed by Judge Freda L. Wolfson on 2/7/2012. (eaj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
____________________________________

:
:
JOSE GERALDO P. DOS SANTOS, :
:
Plaintiff,
:
:
v.
:
:
BOROUGH OF FLEMINGTON, et al.,:
:
Defendants.
:
___________________________________ :

Civil Action No.: 10-1348 (FLW)
ORDER ADOPTING
REPORT & RECOMMENDATION

This matter is before the Court upon a motion by Defendants Borough of
Flemington (“Borough”), Police Chief George Becker (“Becker”), Police Officer Louis
Hribik (“Hribik”), and Detective Michael Mariaschin (“Mariaschin”) (collectively,
“Defendants”) to dismiss Plaintiff Jose Geraldo P. Dos Santos’ (“Plaintiff”) Complaint
pursuant to Fed. R. Civ. P. 37 for failure to cooperate in the discovery process; it
appearing that this matter was referred to the Honorable Douglas E. Arpert, U.S.M.J.,
pursuant to 28 U.S.C. § 636(b)(1), for a Report and Recommendation; and Magistrate
Judge Arpert having considered the moving and opposition papers pursuant to
Fed.R.Civ. P. 78; and for the reasons stated in his Report and Recommendation,
finding that Plaintiff has repeatedly failed to comply with Court orders, to prosecute
this matter, and to conclude discovery in a timely fashion; and it further appearing
that no objection to Magistrate Judge Arpert's Report and Recommendation was filed;
accordingly, for the reasons stated in the January 4, 2012 Report and
Recommendation; and for good cause shown:

It is on this 7th day of February, 2012,
ORDERED that the Court approves and adopts the January 4, 2012 Report
and Recommendation of the Honorable Douglas E. Arpert, U.S.M.J.; and it is further
ORDERED that Defendants’ motion to dismiss (Docket Entry No. 17) is
GRANTED, and Plaintiff’s Complaint is dismissed without prejudice; and it is
further
ORDERED that this case is CLOSED.

/s/ Freda L. Wolfson
Freda L. Wolfson, U.S.D.J.