St. John v. Donner

Filing 8

ORDER that the undersigned hereby grants the Plaintiff's 6 Motion for Reconsideration and withdraws and terminates his 5 Findings and Recommendation entered in this case. Plaintiff shall, however, serve the defendant by or before April 3, 2014. Ordered by Magistrate Judge F.A. Gossett. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EDWARD F. ST. JOHN,
Plaintiff,
V.
MD E. JEFFREY DONNER,
Defendant.

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8:13CV306

ORDER

The Complaint in this case was filed on October 2, 2013. To date, no summons has
been requested or issued. Consequently, on February 6, 2014, the undersigned entered an
order directing Plaintiff to show cause by February 21, 2014, why this action should not be
dismissed. (Filing 4.) Plaintiff did not respond to this order. As a result, on February 25,
2014, the undersigned issued a Findings and Recommendation (filing 5), recommending to
Chief United States District Judge Laurie Smith Camp that this matter be dismissed.
Plaintiff has now filed a motion asking that the undersigned reconsider his
recommendation to Judge Smith Camp. (Filing 6.) In support of his motion, Plaintiff’s
counsel represents to the Court that his office recently installed a new computer program, and
the Court’s previous orders were discovered in a “junk mail” folder. Plaintiff’s counsel
further explains that he has yet to serve the defendant in this action because he is waiting to
receive expert reports.
Having considered the matter, the undersigned hereby grants Plaintiff’s Motion for
Reconsideration (filing 6) and withdraws and terminates his Findings and Recommendation
(filing 5) entered in this case. Plaintiff shall, however, serve the defendant by or before April
3, 2014.
IT IS SO ORDERED.
DATED March 3, 2014.

BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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