Russ v. United States Department of Education et al

Filing 41

ORDER adopting 40 Findings and Recommendation. Defendant Kevin W. Russ is dismissed, without prejudice, for plaintiff's failure of service and want of prosecution. Ordered by Senior Judge Joseph F. Bataillon. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

LISA RUSS,
8:17CV198

Plaintiff,
vs.

ORDER
UNITED STATES DEPARTMENT OF
EDUCATION, KEVIN W. RUSS, an individual;
and GREAT LAKES HIGHER EDUCATION
CORPORATION AND AFFILIATES,
Defendants.

Before the court is the Findings and Recommendation of United States Magistrate Judge Michael
D. Nelson, Filing No. 40, recommending that this court dismiss defendant Kevin W. Russ pursuant to
Federal Rule of Civil Procedure 4(m) or for want of prosecution.
No objection has been filed to the Findings and Recommendation. The court has conducted a de
novo review of the record and adopts the Findings and Recommendation in its entirety.
THEREFORE, IT IS HEREBY ORDERED that:
(1)

The Findings and Recommendation, Filing No. 40, is adopted in its entirety; and

(2)

Defendant Kevin W. Russ is dismissed, without prejudice, for plaintiff’s failure of service

and want of prosecution.

Dated this 1st day of December, 2017.

BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge