Marsh v. Phelps County et al

Filing 29

MEMORANDUM AND ORDER affirming Magistrate Judge consent and entry of summary judgment in favor of Defendants. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RONDA L. MARSH, and all others
similarly situated;
4:16CV3032
Plaintiff,
vs.

MEMORANDUM AND ORDER

PHELPS COUNTY, GENE
SAMUELSON, Individually and in his
official capacity as Sheriff; and PENNY
GREGG, Individually and in her official
capacity as Phelps County Corrections
Lieutenant;
Defendants.
On April 20, 2016, the above-captioned parties consented in writing to final
resolution of this case by the undersigned magistrate judge. (Filing No. 5, at CM/ECF p.
20). On December 8, 2016, the undersigned magistrate judge entered an order granting
summary judgment in favor of Defendants Samuelson and Gregg in their individual
capacities and Defendant Phelps County (including Samuelson and Gregg in their official
capacities) and against Plaintiff. (Filing No. 23).1

On December 22, 2016, the court entered findings and an order, (Filing No. 26),
which set a January 5, 2017 deadline for any party to object to the court’s finding that
Plaintiff and all defendants (other than Campana in his individual capacity) consented to
final resolution of this case by the undersigned magistrate judge. The Findings and Order
was served on all parties. No objection was filed.

Accordingly,

1

Plaintiff’s claims against Defendant in default, Louis P. Campana, Jr., in his
individual capacity, have been severed into a separate lawsuit. (Filing No. 28).

IT IS ORDERED:

1)

Both before and after the undersigned magistrate judge entered a summary
judgment ruling in this case, (Filing No. 23), Plaintiff and all defendants
(other than Campana in his individual capacity) consented to final
resolution by the undersigned magistrate judge.

2)

As fully set forth in the court’s prior Memorandum and Order, (Filing No.
23), the Motion for Summary Judgment, (Filing No. 10), filed by
Samuelson and Gregg in their individual capacities, and by Defendant
Phelps County (including Samuelson and Gregg in their official capacities)
is granted in its entirety.

3)

A separate judgment will be entered accordingly.

Dated this 6th day of January, 2017
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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