Johansson et al v. Nelnet, Inc. et al

Filing 91

ORDER adopting the Magistrate Judge's 90 Findings and Recommendation. Plaintiff Heather Porter's claims are dismissed without prejudice. Porter is terminated as a party. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)

4:20-cv-03069-JMG-CRZ Doc # 91 Filed: 02/14/22 Page 1 of 2 - Page ID # 777

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANDREW JOHANSSON, et al., on
behalf of themselves and the Class
Members described herein,

4:20-CV-3069

Plaintiffs,
ORDER
vs.
NELNET, INC., a Nebraska
Corporation, et al.,
Defendants.
This matter is before the Court on the Magistrate Judge's findings and
recommendation (filing 90) recommending that plaintiff Heather Porter's
claims be dismissed without prejudice. There are no objections to the findings
and recommendation.
28 U.S.C. § 636(b)(1) provides for de novo review only when a party
objected to the magistrate's findings or recommendations. See Peretz v. United
States, 501 U.S. 923, 939 (1991). 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, 149-51 (1985); United States v. Wise, 588 F.3d 531, 537 n.5 (8th
Cir. 2009), see Daley v. Marriott Int'l, Inc., 415 F.3d 889, 893 (8th Cir. 2005).
Accordingly,
1.

The Magistrate Judge's findings and recommendation (filing
90) are adopted.

2.

Plaintiff Heather Porter's claims are dismissed without
prejudice.

4:20-cv-03069-JMG-CRZ Doc # 91 Filed: 02/14/22 Page 2 of 2 - Page ID # 778

3.

Porter is terminated as a party.

Dated this 14th day of February, 2022.
BY THE COURT:

John M. Gerrard
United States District Judge

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