Livingston v. Casey's Retail Company et al
Filing
17
MEMORANDUM AND ORDER that the Magistrate Judge's Findings and Recommendation 16 are adopted. The motion to dismiss 14 filed by defendants is denied as moot. This case is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (JSF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STEFFANIE M. LIVINGSTON,
Plaintiff,
vs.
CASEY'S RETAIL COMPANY, CASEY'S
GENERAL STORES, INC.,
4:15-CV-3008
MEMORANDUM AND ORDER
Defendants.
This matter is before the Court on the Magistrate Judge's Findings and
Recommendation (filing 16), recommending that the Court dismiss the plaintiff's
case for want of prosecution. Neither party has objected. See, 28 U.S.C. ยง 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 of any portion of the report and recommendation. 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 Findings and Recommendation (filing
16) are adopted.
2.
The motion to dismiss (filing 14) filed by defendants is denied as
moot.
3.
This case is dismissed.
4.
A separate judgment will be entered.
Dated this 24th day of March, 2015.
BY THE COURT:
John M. Gerrard
United States District Judge
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