Batun v. Omaha Housing Authority et al

Filing 51

MEMORANDUM AND ORDER that the Magistrate Judge's Recommendation (Filing 50 ) is adopted. This case is dismissed for lack of prosecution pursuant to Fed. R. Civ. P. 41 and NECivR 41.2. Judgment shall be entered by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ABDULRAZAK BATUN,
Plaintiff,
v.
OMAHA HOUSING AUTHORITY,
CLIFFORD SCOTT, and CINDY
COSENTINO,
Defendants.

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8:14CV217

MEMORANDUM
AND ORDER

This matter is before the court on the Magistrate Judge’s Recommendation
(Filing 50) that this case be dismissed for failure to prosecute this matter with
reasonable diligence, including failure to serve mandatory disclosures, to respond to
Defendants’ discovery, and to respond to the court’s order to serve his mandatory
disclosures and respond to Defendants’ discovery requests by October 5, 2015, or this
case would be subject to dismissal “as a discovery sanction or for want of
prosecution.” No objections to such Recommendation have been filed, as allowed by
28 U.S.C. § 636(b)(1)(C) and NECivR 72.2.
I have reviewed the Magistrate Judge’s Recommendation pursuant to 28 U.S.C.
§ 636(b)(1) and NECivR 72.2, and I find after de novo review that the Magistrate
Judge’s recommendation should be adopted, and this action should be dismissed for
lack of prosecution pursuant to Fed. R. Civ. P. 41 and NECivR 41.2 (“At any time, a
case not being prosecuted with reasonable diligence may be dismissed for lack of
prosecution.”).
Accordingly,

IT IS ORDERED:
1.

The Magistrate Judge’s Recommendation (Filing 50) is adopted;

2.
This case is dismissed for lack of prosecution pursuant to Fed. R. Civ. P.
41 and NECivR 41.2; and
3.

Judgment shall be entered by separate document.

DATED this 7th day of December, 2015.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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