CHAVARRIAGA v. STATE OF NEW JERSEY DEPARTMENT OF CORRECTIONS et al
MEMORANDUM ORDER Implementing the Third Circuit's Mandate 89 ; Ordering that the Clerk shall Reopen this action; ADOPTING REPORT AND RECOMMENDATIONS for 94 Report and Recommendations; Dismissing the Complaint with prejudice. Signed by Judge Michael A. Shipp on 9/30/2016. (eaj)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ALEXANDRA CHAV ARRIAGA,
Civil Action No. 12-4313 (MAS) (TJB)
STATE OF NEW JERSEY
DEPARTMENT OF CORRECTIONS,
This matter comes before the Court on a civil rights complaint filed by Plaintiff Alexandra
Chavarriaga, pursuant to 42 U.S.C. § 1983.
The Court previously either granted summary
judgment or outright dismissed all claims in the Complaint. (See Op. & Order, Mar. 27, 2014,
ECF Nos. 83 & 84.) However, on appeal, the Third Circuit affirmed in part, reversed in part, and
remanded the case back to this Court for further proceedings. (Mandate, Dec. 8, 2015, ECF No.
Thereafter, Magistrate Judge Tonianne J. Bongiovanni attempted to hold two status
conferences with the parties, but both times, Plaintiffs counsel failed to appear at the scheduled
times. (R. & R. 3, Apr. 4, 2016, ECF No. 94; see also ECF Nos. 88 & 90.) Judge Bongiovanni
then issued an order directing counsel to explain his conduct, and to state whether he was capable
of continued representation. (Order, Dec. 28, 2015, ECF No. 91.) Counsel informed Judge
Bongiovanni that he was unable to further represent Plaintiff. (R. & R. 3.) Subsequently, on
January 6, 2016, Judge Bongiovanni issued an order allowing counsel to withdraw, and directing
Plaintiff to retain new counsel or to proceed prose. (Order. Jan. 6, 2016, ECF No. 92.) Plaintiff
did not respond. (R. &. R. 3.) On March 3, 2016, Judge Bongiovanni issued a show-cause order,
directing Plaintiff to show cause as to why the case should not be dismissed for Plaintiffs failure
to prosecute. (Order, Mar. 3, 2016, ECF No. 93.) Again, Plaintiff failed to respond. (R. & R. 4.)
On April 4, 2016, Judge Bongiovanni issued a Report and Recommendations, recommending the
case be dismissed with prejudice for Plaintiffs failure to prosecute. (ECF No. 94.) To date, more
than five months later, Plaintiff has not filed an objection to the Report and Recommendations.
IT IS therefore on this
day of 0 ~'
ORDERED that the Third Circuit's Mandate, ECF No. 89, is implemented; it is further
ORDERED that the Clerk shall REOPEN the case by making a new and separate docket
entry reading "CIVIL CASE REOPENED"; it is further
ORDERED that the Report and Recommendations of Magistrate Judge Tonianne J.
Bongiovanni, ECF No. 94, is hereby ADOPTED as the Opinion of this Court; it is further
ORDERED that the Complaint is hereby DISMISSED WITH PREJUDICE; and it is
ORDERED that the Clerk shall serve a copy of this Memorandum Order and the Report
and Recommendation upon the parties, and shall CLOSE the file.
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