RICKS v. UDIJOHN et al

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATIONS; Case Dismissed with Prejudice; 36 MOTION for Summary Judgment is denied as moot. Signed by Judge Freda L. Wolfson on 1/4/2017. (km)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
:
Crim. Action No. 14-4079 (FLW)
RAMON RICKS,
:
:
Plaintiff,
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ORDER
v.
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:
:
DETECTIVE JAMES UDIJOHN, ET AL., :
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Defendants.
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___________________________________ :
THIS MATTER having been opened to the Court by the July 7, 2016 Report and
Recommendation of Magistrate Judge Lois Goodman, recommending that this Court dismiss pro
se Plaintiff Ramon Ricks’ (“Plaintiff”) Complaint with prejudice for failure to comply with
Court orders and failure to prosecute, pursuant to Fed. R. Civ. P. 37(b)(2) and 41(b), as well as
by Paul Richard Adezio, Esq., counsel for the Defendants Detective James Udijohn, Detective
James Nizolak, Detective Bill Perez, and Sheriff’s Officer CJ McKenna (“Defendants”), on a
motion for summary judgment; it appearing that, pursuant to L. R. Civ. P. 72.1(c)(2), Plaintiff
does not object to the Report and Recommendation, and that, pursuant to Fed. R. Civ. P. 56(e)
and L. R. Civ. P. 56.1(a), Plaintiff does not oppose Defendants’ motion; it further appearing that
Defendants, through a July 21, 2016 letter brief, concur with the findings of the Report and
Recommendation and request that Plaintiff’s Complaint be dismissed with prejudice; the Court
having considered the findings of the Magistrate Judge and the submissions of the Defendants;
Plaintiff having made no submissions after having been afforded multiple opportunities to have
done so; pursuant to Fed. R. Civ. P. 78; for the reasons set forth in the Opinion filed on even
date; and for good cause shown;

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IT IS this 4th Day of January, 2017,
ORDERED that Plaintiff’s Complaint is DISMISSED WITH PREJUDICE for failure
to comply with Court orders pursuant to Fed. R. Civ. P. 37(b)(2), and for failure to prosecute
pursuant to Fed. R. Civ. P. 41(b);
ORDERED that Defendants’ motion for summary judgment is DENIED AS MOOT;
and it is further
ORDERED that the Clerk of Court is hereby directed to close this case.

/s/ Freda L. Wolfson_____
The Honorable Freda L. Wolfson
United States District Judge

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