Harrington v. Hall County Board of Supervisors et al

Filing 143

MEMORANDUM AND ORDER - The Magistrate Judge's Findings and Recommendation (filing 142 ) are adopted. The plaintiff's motion to amend (filing 135 ) is denied. Pursuant to this memorandum and order, and the memorandum and order (filing 132 ) previously entered in this case, this matter is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SHANE HARRINGTON,
Plaintiff,

4:15-CV-3052

vs.
MEMORANDUM AND ORDER
HALL COUNTY NEBRASKA, et al.,
Defendants.
This matter is before the Court on the Magistrate Judge's Findings and
Recommendation (filing 142) recommending that the Court deny the plaintiff's
motion to amend his complaint (filing 135).
Neither party has objected to the Magistrate Judge's recommendation.
Title 28 U.S.C. § 636(b)(1) provides for de novo review of a Magistrate Judge's
findings or recommendations only when a party objects to them. Peretz v. United
States, 501 U.S. 923 (1991). Failure to object to a finding of fact in a Magistrate
Judge's recommendation may be construed as a waiver of the right to object
from the district court's order adopting the recommendation of the finding of
fact. NECivR 72.2(f). And the failure to file an objection eliminates not only the
need for de novo review, but any review by the Court. Thomas v. Arn, 474 U.S.
140 (1985); Leonard v. Dorsey & Whitney LLP, 553 F.3d 609 (8th Cir. 2009); see
also United States v. Meyer, 439 F.3d 855, 858-59 (8th Cir. 2006).
Accordingly, the Court will adopt the Magistrate Judge's recommendation
that the defendant's motion to amend be denied.
IT IS ORDERED:
1.

The Magistrate Judge's Findings and Recommendation (filing 142)
are adopted.

2.

The plaintiff's motion to amend (filing 135) is denied.

3.

Pursuant to this memorandum and order, and the memorandum
and order (filing 132) previously entered in this case, this matter is
dismissed.

4.

A separate judgment will be entered.

Dated this 19th day of July, 2016.
BY THE COURT:
John M. Gerrard
United States District Judge

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