ESCOBAR v. CLEAN-TEX SERVICES, INC.

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 25 Report and Recommendations ***CIVIL CASE TERMINATED. Signed by Judge Freda L. Wolfson on 12/21/2018. (km)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY _____________________________________ : ESCOBAR, : : Plaintiff, : : v. : : CLEAN-TEX SERCICES, INC. : : Defendants. : _____________________________________: Civ. Action No.: 17-11821(FLW) ORDER THIS MATTER having been opened to the Court by the Magistrate Judge’s Report and Recommendation dated November 19, 2018, recommending that this Court dismiss Plaintiff Ana Escobar’s (“Plaintiff) Complaint for failure to comply with Court Orders and to prosecute his case pursuant to Fed. R. Civ. P. 37(b)(2); 41(b); it appearing that the Magistrate Judge, after weighing the factors set forth in Poulis v. State Farm Casualty Co., 747 F.2d 863, 868 (3d Cir. 1984), found that dismissal is warranted because “[Plaintiff] has failed to take the steps necessary to move the case forward. Despite being given every opportunity to litigate her claims, Plaintiff has elected to no longer participate in the case she initiated.” see Report and Recommendation dated November 19, 2018; it appearing that Plaintiff’s actions or inactions have demonstrated a pattern of noncompliance with her obligations under the Rules; it further appearing that Plaintiff has not objected to the Magistrate Judge’s recommendations; accordingly, for the reasons set forth in the Magistrate Judge’s Report and Recommendation, IT IS on this 21st day of December, 2018, ORDERED that the Magistrate Judge’s Report and Recommendation dated November 19, 2018, is hereby ADOPTED; and it is further ORDERED that the Complaint is DISMISSED. /s/ Freda L. Wolfson Freda L. Wolfson United States District Judge

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