Invictus Residential Pooler Trust 1A v. Ziemba et al

Filing 11

FINDINGS AND RECOMMENDATION - IT IS RECOMMENDED to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. § 636(b), that the claims against Defendant Delroy E. Fischer, Defendant Unknown Tenant #1, and Defendant Un known Tenant #2 be dismissed for failure of service and want of prosecution. The parties are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the courts adoption of the recommendation. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
INVICTUS RESIDENTIAL POOLER
TRUST 1A,
4:19CV3036
Plaintiff,
vs.

FINDINGS AND RECOMMENDATION

CYNTHIA J. ZIEMBA, DELROY E.
FISCHER, UNKNOWN TENANT #1, the
names being fictitious to account for
parties in possession; and UNKNOWN
TENANT #2, the names being fictitious
to account for parties in possession;
Defendants.

Based on the court’s record, the complaint, filed on April 19, 2019, has not
been served on Defendant Delroy E. Fischer, Defendant Unknown Tenant #1, or
Defendant Unknown Tenant #2. These Defendants have not voluntarily appeared.
The court entered an order requiring Plaintiff to show cause why the claims against
these defendants should not be dismissed pursuant to Federal Rule of Civil
Procedure 4(m) or for want of prosecution, and warned that absent a timely
response, the claims against these defendants may be dismissed without further
notice. The deadline for responding to the show cause order was September 3,
2019. No response was filed.

Accordingly,
IT IS RECOMMENDED to the Honorable John M. Gerrard, United States
District Judge, pursuant to 28 U.S.C. § 636(b), that the claims against Defendant
Delroy E. Fischer, Defendant Unknown Tenant #1, and Defendant Unknown
Tenant #2 be dismissed for failure of service and want of prosecution.

The parties are notified that failing to file an objection to this
recommendation as provided in the local rules of this court may be held to be a
waiver of any right to appeal the court’s adoption of the recommendation.
Dated this 16th day of September, 2019.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge