Calafat v. Kranz

Full title: JULIO CALAFAT, Plaintiff, v. CHARLES W. KRANZ, NJ, et. al., Defendants

Court: United States District Court, D. New Jersey

Date published: Mar 1, 2007

Civil Action No. 05-754 (FSH) (D.N.J. Mar. 1, 2007)

Opinion

Civil Action No. 05-754 (FSH).

March 1, 2007

ORDER

FAITH HOCHBERG, District Judge

This matter coming before this Court upon Magistrate Judge Shwartz's January 8, 2007 Report and Recommendation recommending that "that the United States District Judge dismiss the Complaint pursuant to Fed.R.Civ.P. 37. The parties have ten (10) days from receipt of this Recommendation to file and serve objections;" and

it appearing that neither party has filed an objection to the Report and Recommendation and that ten days have passed, see L. Civ. R. 72.1(c)(2); and

it appearing that the Report and Recommendation states that Plaintiff was ordered to appear before Magistrate Judge Patty Shwartz on January 8, 2007, to demonstrate "`why sanctions, including a recommendation that the United States District Judge dismiss the Complaint' should not be imposed for [Plaintiff's] failure to participate in discovery," and that Plaintiff failed to appear before Magistrate Judge Shwartz on January 8, 2007;¹ and

1 Magistrate Judge Shwartz and Defendants each attempted to send Plaintiff a copy of the Report and Recommendation via certified mail (on January 9, 2007 and January 10, 2007, respectively). Both copies were returned as unclaimed. Defendants also mailed a copy of the Report and Recommendation to Plaintiff via regular mail on January 10, 2007; this copy was never returned to Defendants. It thus appears that Plaintiff is either refusing service of certified mail related to this matter or has changed his address without informing the Court (as the Court has received no notice of a change Plaintiff's address). If the latter is the case, Plaintiff is in violation of Local Civil Rule 10.1(a), which requires parties to a civil action to provide the Clerk of the Court with their proper mailing address and directs parties to notify the Clerk of any change of address within five days.

this Court having reviewed de novo the Report and Recommendation and the January 8, 2007 record, and good cause appearing;

IT IS on this 1^st day of March, 2007

ORDERED that Magistrate Judge Shwartz's January 8, 2007 Report and Recommendation is adopted as the Opinion of this Court; and it is

ORDERED that Plaintiff's Complaint is DISMISSED pursuant to Fed.R.Civ.P. 37; and it is further

ORDERED that this case is CLOSED.