Tomko v. American Tire Distributors, Inc.

Filing 24

MEMORANDUM AND ORDER - The Magistrate Judge's Memorandum and Order recommending dismissal for want of prosecution (filing 23 ) is adopted. This case is dismissed. A separate Judgment will be entered. Ordered by Judge John M. Gerrard. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAMES TOMKO,
Plaintiff,

4:11CV3144

vs.
MEMORANDUM AND ORDER
AMERICAN TIRE DISTRIBUTORS,
INC.,
Defendant.
This matter is before the Court on the Magistrate Judge's
Memorandum and Order of May 16, 2012 (filing 23), recommending that this
Court dismiss plaintiff James Tomko's complaint for want of prosecution.
Neither party has filed an objection. See, 28 U.S.C. § 636(b)(1); NeCivR 72.2.
When a party fails to timely object to the report and recommendation of a
magistrate judge, the party waives its right to de novo review by the district
court. United States v. Wise, 588 F.3d 531, 537 n.5 (8th Cir. 2009). The Court
finds that the Magistrate Judge's recommendation should be adopted and
this case dismissed. Accordingly,
IT IS ORDERED:
1.

The Magistrate Judge's Memorandum and Order recommending
dismissal for want of prosecution (filing 23) is adopted;

2.

This case is dismissed; and

3.

A separate Judgment will be entered.

Dated this 11th day of June, 2012.
BY THE COURT:

John M. Gerrard
United States District Judge