Lund v. Matthews et al

Filing 58

ORDER adopting 45 the Findings and Recommendation of the magistrate judge. The plaintiff's claims against defendant Sidney Medical Associates are dismissed, without prejudice. Ordered by Judge Joseph F. Bataillon. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ALEXANDER LUND,
Plaintiff,

8:13CV144

vs.
ORDER
MICHAEL MATTHEWS, M.D., SIDNEY
MEDICAL ASSOCIATES, and CHEYENNE
COUNTY HOSPITAL ASSOCIATION,
INC.,
Defendants.

This matter is before the court on the Findings and Recommendation (“F&R”) of
the magistrate judge, Filing No. 45. The magistrate judge recommended dismissal of
the claims against defendant Sidney Medical Associates for failure to prosecute. Id.,
F&R at 1. The magistrate judge found that the plaintiff “failed to comply with the court
order requiring him to serve the defendant Sidney Medical Associates or show cause.”
Id. at 3. The plaintiff has filed no objection to the F&R.
The court agrees with the magistrate judge’s conclusion that the claims against
defendant Sidney Medical Associates should be dismissed, without prejudice, under
Fed. R. Civ. P. 4(m). Accordingly,
IT IS ORDERED:
1.

The F&R of the magistrate judge (Filing No. 45) is adopted.

2.

The plaintiff’s claims against defendant Sidney Medical Associates are

dismissed, without prejudice.
Dated this 11th day of June, 2014.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge