Brantely v. BNSF Railway Company

Filing 67

MEMORANDUM AND ORDER- The magistrate judge's findings and recommendation (filing 66 ) is adopted. The defendant's motion to dismiss (filing 63 ) is granted. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (MKR) .

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KENNETH BRANTLEY,
Plaintiff,
v.
BNSF RAILWAY COMPANY,
Defendant.

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4:12CV3215

MEMORANDUM
AND ORDER

This matter is before the court on Magistrate Judge Zwart’s findings and
recommendation. (Filing 66.) Plaintiff did not file a statement of objections. The
magistrate recommends that defendant’s motion to dismiss be granted in its entirety,
and that this case be dismissed with prejudice.
I have conducted a de novo review of the record. I find that inasmuch as the
magistrate judge has fully, carefully, and correctly found the facts and applied the law,
the magistrate judge’s findings and recommendation should be adopted and the
defendant’s motion to dismiss should be granted.
Accordingly,
IT IS ORDERED that:
1.

The magistrate judge’s findings and recommendation (filing 66) is
adopted.

2.

The defendant’s motion to dismiss (filing 63) is granted.

DATED this 4th day of March, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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