Opinion
Civil Action No.: 13-738 (ES) (MAH)
03-08-2016
ESTATE OF ERROL DYER, DECEASED, and FAY DYER, Plaintiffs Pro Se, v. GREGORY "JACQUES" STANISLAUS, JR., ET AL., Defendants.
NOT FOR PUBLICATION
MEMORANDUM OPINION & ORDER
SALAS, DISTRICT JUDGE
Pending before the Court is the October 27, 2015 Order to Show Cause, brought on Magistrate Judge Michael A. Hammer's own motion, why Plaintiffs' Complaint should not be dismissed for failure to prosecute. (D.E. No. 95). On December 2, 2015, Judge Hammer issued a Report and Recommendation that the undersigned dismiss Plaintiff's Complaint with prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). (D.E. No. 96). The parties had fourteen days to file and serve any objections to Judge Hammer's Report and Recommendation pursuant to Local Civil Rule 72.1(c)(2). To date, neither party has filed any objections.
"A Court may raise a motion to dismiss an action under Rule 41 sua sponte under its inherent case management powers." Vrlaku v. Citibank, No. 05-1720, 2005 WL 2338852, at *2 (D.N.J. Sept. 23, 2005). --------
Having reviewed the case history, relevant submissions, and Judge Hammer's Report and Recommendation, and for the reasons stated therein,
IT IS on this 8th day of March 2016,
ORDERED that this Court adopts Magistrate Judge Hammer's Report and Recommendation, (D.E. No. 96), in full, as the Opinion of this Court; and it is further
ORDERED that Plaintiffs' Complaint, (D.E. No. 1), is DISMISSED with prejudice; and it is further
ORDERED that the Clerk shall mark this case closed.
/s/ Esther Salas
Esther Salas, U.S.D.J.