Heisler v. Flowerama et al

Filing 11

ORDER adopting Magistrate Judge's Findings and Recommendation 9 . The plaintiff's complaint is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEENA HEISLER,
Plaintiff,

8:16-CV-527

vs.
ORDER
FLOWERAMA, et al.,
Defendants.
This matter is before the Court on the Magistrate Judge's Findings and
Recommendation (filing 9), recommending that the plaintiff's complaint be
dismissed for failure of service and want of prosecution. The plaintiff has not
objected to the Magistrate Judge's Findings and Recommendation, which
expressly

informed

her

that

"failing

to

file

an

objection

to

this

recommendation as provided in the local rules of this court may be held to be
a waiver of any right to appeal the court's adoption of this recommendation."
Filing 9.
28 U.S.C. § 636(b)(1) provides for de novo review only when a party
objected to the magistrate's findings and recommendations. Peretz v. United
States, 501 U.S. 923 (1991). 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). Accordingly, the Court will adopt the Magistrate Judge's
Findings and Recommendation and dismiss the plaintiff's complaint.

IT IS ORDERED:
1.

The Magistrate Judge's Findings and Recommendation
(filing 9) is adopted.

2.

The plaintiff's complaint is dismissed.

3.

A separate judgment will be entered.

Dated this 8th day of June, 2017.
BY THE COURT:

John M. Gerrard
United States District Judge

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