Denenberg v. Djordjevic

Filing 109

MEMORANDUM AND ORDER overruling the objection to the Findings and Recommendation 107 . The findings and recommendation 106 is adopted as set forth herein.The Clerk of Court is ordered to mail a copy of this order to the plaintiff at his last known mailing address, to contact him to confirm that he is receiving all pleadings in this case, and to make a text entry accordingly. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed) (JSF)

-TDT Denenberg v. Djordjevic

Doc. 109

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA STEVEN M. DENENBERG, Plaintiff, v. BORKO B. DJORDJEVIC, Defendant. ) ) ) ) ) ) ) ) ) )

8:07CV150

MEMORANDUM AND ORDER

This matter is before the court on the Borko Djordjevic's objection, Filing No. 107, to the findings and recommendation of the magistrate judge, Filing No. 106. The

magistrate judge entered an order, Filing No. 105, requiring Mr. Djordjevic to show cause why he failed to comply with the court's March 1, 2010, order. Mr. Djordjevic did not respond. The magistrate judge then sua sponte issued his findings and recommendations to this court suggesting that Mr. Djordjevic's third-party complaint against Doctors Surgery Center be dismissed without prejudice. Filing No. 106. The magistrate judge gave Djordjevic until the time of default judgment to cure his deficiencies. Djordjevic filed objections to the magistrate judge's findings and recommendation. Filing No. 107. In his objections Mr. Djordjevic states that he (1) has not received all the documents in this case, and (2) has been in very poor health. Filing No. 107. He attached medical records to support his contention of poor health. Filing No. 107, attachments. . Pro se litigants must comply with court orders. Farnsworth v. City of Kansas City, Mo., 863 F.2d 33, 34 (8th Cir. 1988). Failure to do so may result in dismissal for failure to prosecute. Roberts v. Missouri Div. of Employment, 636 F.2d 249, 250 (8th Cir. 1980). The court will overrule the objections to the findings and recommendation. However, the

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court will give Mr. Djordjevic thirty (30) days from the date of this order to comply with the requirements as set forth by the magistrate judge, or to file a motion with the magistrate judge for additional time. Mr. Djordjevic must comply with the orders of the magistrate judge. Failure to do so will result in dismissal of Mr. Djordjevic's third-party complaint. THEREFORE, IT IS ORDERED: 1. overruled. 2. The findings and recommendation, Filing No. 106, is adopted as set forth herein. 3. The Clerk of Court is ordered to mail a copy of this order to the plaintiff at his last known mailing address, to contact him to confirm that he is receiving all pleadings in this case, and to make a text entry accordingly. DATED this 9th day of August, 2010. BY THE COURT: The objections to the findings and recommendation, Filing No. 107, are

s/ Joseph F. Bataillon Chief United States District Judge

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