Woodmen of the World Life Insurance Society v. Weathersbee et al

Filing 113

MEMORANDUM AND ORDER - The Magistrate Judge's Finding and Recommendation (filing 106 ) is adopted. The Clerk of the Court is directed to enter defendant Maxie Bondurant's default. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WOODMEN OF THE WORLD LIFE
INSURANCE SOCIETY, a Nebraska
Fraternal Benefit Society,

8:16-CV-498

Plaintiff,
MEMORANDUM AND ORDER
vs.
ROBERT WEATHERSBEE and
MAXIE BONDURANT,
Defendants.
This matter is before the Court on the Magistrate Judge's findings and
recommendation (filing 106) recommending that the Court enter a default
against the defendant.
No objection has been lodged to the findings and recommendation. 28
U.S.C. § 636(b)(1) provides for de novo review only when a party has objected
to the Magistrate Judge's findings or recommendations. Peretz v. United
States, 501 U.S. 923 (1991). The Magistrate Judge's findings and
recommendation advised the parties that failure to object to the findings and
recommendation may be held to be a waiver of the right to appeal the Court's
adoption of the recommendation. See filing 106 at 2. And the failure to file an
objection eliminates not only the need for de novo review, but any review by
the Court. Thomas v. Arn, 474 U.S. 140 (1985); Leonard v. Dorsey & Whitney
LLP, 553 F.3d 609 (8th Cir. 2009); see also United States v. Meyer, 439 F.3d
855, 858-59 (8th Cir. 2006).
Accordingly, the Court deems any objection to the Magistrate Judge's
findings and recommendation waived, and will adopt the findings and

recommendation. The Court will order the clerk's office to enter the defendant's
default. A final judgment in this matter will be entered upon a properly
supported motion for default judgment and, if necessary, a hearing to
determine the amount of damages. See, Fed. R. Civ. P. 55(b)(2); Everyday
Learning Corp. v. Larson, 242 F.3d 815, 818-19 (8th Cir. 2001).
IT IS ORDERED:
1.

The Magistrate Judge's Finding and Recommendation
(filing 106) is adopted.

2.

The Clerk of the Court is directed to enter defendant Maxie
Bondurant's default.

Dated this 30th day of July, 2018.
BY THE COURT:
I.
John M. Gerrard
United States District Judge