Whitten v. City of Omaha et al

Filing 66

ORDER that the Magistrate Judge's Findings and Recommendation (filing 65 ) are adopted. This case is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MATTHEW WHITTEN,
Plaintiff,

8:15-CV-96

vs.

ORDER

CITY OF OMAHA, et al.,
Defendants.
This matter is before the Court on the Magistrate Judge's Findings and
Recommendation (filing 65), recommending that the Court dismiss the
plaintiff's case for want of prosecution. Neither party has objected. See, 28
U.S.C. § 636(b)(1); NECivR 72.2. When a party fails to timely object to the
report and recommendation of a magistrate judge, the party waives its right
to de novo review by the district court of any portion of the report and
recommendation. United States v. Wise, 588 F.3d 531, 537 n.5 (8th Cir. 2009).
The Court finds that the Magistrate Judge's recommendation should be
adopted and this case dismissed. Accordingly,
IT IS ORDERED:
1.

The Magistrate Judge's Findings and Recommendation
(filing 65) are adopted.

2.

This case is dismissed.

3.

A separate judgment will be entered.

Dated this 10th day of March, 2017.
BY THE COURT:

John M. Gerrard
United States District Judge