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07-5325 - Aponte v. Atlantic Express Transportation Group et al

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07-5325 - Aponte v. Atlantic Express Transportation Group et al
May 22, 2008
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REPORT AND RECOMMENDATION: Plaintiff failed to appear for his rescheduled initial conference as ordered. Accordingly, I reinstate my 23 Report and Recommendation that plaintiff's complaint should be dismissed pursuant to Fed. R. Civ. P. 16(f) and 37(b)(2)(A)(v). I further recommend that plaintiff should not be given reconsideration regarding his failure to appear. The parties shall have 10 days from service of this Report to file written objections. So Ordered. (Ordered by Magistrate Judge Lois Bloom, on 5/22/2008) C/mailed. Objections to R&R due by 6/9/2008. (Latka-Mucha, Wieslawa)
June 11, 2008
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ORDER (ADOPTING REPORT AND RECOMMENDATION): Magistrate Judge Bloom's 30 Report and Recommendation is hereby adopted. This case is dismissed with prejudice pursuant to Fed. R. Civ. P. 37(b)(2)(A)(v). The Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purposes of an appeal. The Clerk of the Court is directed to enter judgment and close this case. So Ordered. (Ordered by Judge Carol B. Amon, on 6/10/2008) C/mailed. (Forwarded for Judgment) (Latka-Mucha, Wieslawa)