Pemberton v. Leavenworth County Jail et al

Filing 52

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 50 Report and Recommendations. Defendant's motion to dismiss 39 is denied without prejudice. Signed by District Judge Toby Crouse on November 17, 2022. Mailed to pro se party Phillip Pemberton by regular mail. (mls)

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Case 5:21-cv-03152-TC-TJJ Document 52 Filed 11/17/22 Page 1 of 1 In the United States District Court for the District of Kansas _____________ Case No. 21-cv-3152-TC-TJJ _____________ PHILLIP PEMBERTON, Plaintiff v. MELISSA WARDROP, Defendant _____________ ORDER ADOPTING REPORT & RECOMMENDATION Magistrate Judge Teresa J. James issued a Report and Recommendation finding that that Plaintiff has shown cause why his case should not be dismissed for lack of prosecution, and therefore recommends that the District Judge deny without prejudice Defendant’s Motion to Dismiss for Failure to Make Discovery, Doc. 39. The R&R allowed any party 14 days after service to file any objections. Doc. 50 at 1. The R&R was entered on November 1, 2022, and served on Defendant by electronic service that same day and by regular mail to pro se Plaintiff. See D. Kan. Rules 5.4.9 & 5.4.10. More than 14 days have passed without parties having filed any written objection. Therefore, pursuant to Fed. R. Civ. P. 72(b)(2), the Court finds that in the absence of objections to the R&R, it should be adopted. IT IS THEREFORE ORDERED that the R&R be adopted and Defendant’s motion to dismiss, Doc. 39, be denied without prejudice. The R&R (Doc. 50) is adopted as this Court’s own order. IT IS SO ORDERED. Date: November 17, 2022. s/ Toby Crouse Toby Crouse United States District Judge

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