Ford Robinson Partnership v. Wells Fargo Clearing Services, LLC et al

Filing 22

ORDER that the Court dismisses this case for failure of service and want of prosecution. Ordered by Judge Robert F. Rossiter, Jr. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
FORD ROBINSON PARTNERSHIP,
Plaintiff,

8:18CV9

v.
ORDER
HOLLIS LORENZO MAXFIELD;
ALPHA E ANGEL, LLC; MIKE
BARBEE; GERALD LEWIS; and 4
HORSEMEN, LLC,
Defendants.

This matter is before the Court on the Findings and Recommendation (Filing
No. 20) of the magistrate judge 1 recommending the Court dismiss this case for failure of
service and want of prosecution. See Fed. R. Civ. P. 4(m) and 41(b). Plaintiff Ford
Robinson Partnership has not objected or otherwise responded.
Under 28 U.S.C. § 636(b)(1), the Court must “make a de novo review of . . .
specified proposed findings or recommendations to which objection is made,” but only
when such an objection is made. See Peretz v. United States, 501 U.S. 923, 939 (1991).
Failing to timely object, “eliminates not only the need for de novo review, but any review
by the district court.” Leonard v. Dorsey & Whitney LLP, 553 F.3d 609, 619-20 (8th Cir.
2009) (discussing Thomas v. Arn, 474 U.S. 140, 149-50 (1985); see also Fed. R. Crim.
P. 59 (a), (b)(2) (stating that failing to timely object waives the right to review of both
nondispositive and dispositive matters); NECrimR 59.2(a), (e).

1

The Honorable Cheryl R. Zwart, United States Magistrate Judge for the District
of Nebraska.

Accordingly, the Court dismisses this case for failure of service and want of
prosecution.
IT IS SO ORDERED.
Dated this 13th day of August, 2018.
BY THE COURT:

Robert F. Rossiter, Jr.
United States District Judge

2