Reed et al v. Brink et al

Filing 8

MEMORANDUM AND ORDER this matter is dismissed without prejudice. A separate judgment will be entered. Ordered by Judge Brian C. Buescher. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

KIMBERLY REED, and JOYCEALON
SHEPPARD,
Plaintiffs,

8:19CV167

vs.
EDWARD E. BRINK, NSBA # 19504; STACY
DIANE THORNE, MICHAEL T. DEIN, CITY
OF OMAHA, DOUGLAS COUNTY
ASSESSOR, DIANE BATTIATO, MICHAEL
J. GOODWILLIE, ZACHARY BASS, JASMIN
JONSSON, JULIE BROOKS, and CMG
FINANCIAL

MEMORANDUM AND ORDER

Defendants.

This matter is before the Court on the Findings and Recommendation (Filing 5) of the
magistrate judge1 recommending the Court dismiss this case for lack of prosecution.
Pursuant to Federal Rule of Civil Procedure 4(m), a plaintiff must serve its complaint on
defendant(s) within ninety days of filing the lawsuit. The above-captioned suit was filed on April
17, 2019. Filing 1. To date, nearly five months after filing, Plaintiffs have not requested any
summons, filed any return of service indicating service on any Defendant, nor has any Defendant
entered a voluntary appearance.
Further, the Court issued an Order to Show Cause by August 27, 2019 why this action
should not be dismissed for lack of prosecution. Filing 4. The Magistrate Judge recommended
dismissal for lack of prosecution on August 28, 2019 after Plaintiffs failed to respond. Filing 5.
On September 5, 2019, Plaintiffs wrote a letter objecting (Filing 7) to the dismissal of this case,

1

The Honorable Susan M. Bazis, United States Magistrate Judge for the District of Nebraska

but failed to provide a compelling reason for their lack of prosecution and failure to comply with
the Court’s order in a timely manner. As such, the Court has reviewed the Findings and
Recommendations de novo and adopts them.
IT IS ORDERED
1. This matter is dismissed without prejudice.
2. A separate judgment will be entered.
Dated this 16th day of September, 2019.
BY THE COURT:

_________________________
Brian C. Buescher
United States District Judge