Ametitovi v. Omaha Area Health Educational Center, Inc. et al
ORDER that the magistrate judge's Findings and Recommendation (Filing No. 12 ) are accepted. This case is dismissed without prejudice. A separate judgment will issue. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
OMAHA AREA HEALTH
EDUCATIONAL CENTER, INC. and
This matter is before the Court on the magistrate judge’s 1 Findings and
Recommendation (Filing No. 12) recommending the Court dismiss this case for failure of
service of process under Federal Rule of Civil Procedure 4(m).
On August 13, 2019, the magistrate judge issued an Order to Show Cause (Filing
No. 7) ordering plaintiff Messan Ametitovi (“Ametitovi”) to show by August 27, 2019,
why the Court should not dismiss this case for failure to serve named-defendant Omaha
Area Health Educational Center, Inc. or for failure to prosecute. On August 26, 2019,
Ametitovi filed numerous documents (Filing Nos. 8-10), none of which show service nor
seek additional time for service.
Accordingly, on September 4, 2019, the magistrate judge entered his findings and
recommendation, to which neither party has objected or otherwise responded. See 28
U.S.C. § 636(b)(1); NECivR 72.2. Failure to object eliminates not only the need for de
novo review, but any review by the Court. See Leonard v. Dorsey & Whitney LLP, 553
F.3d 609 (8th Cir. 2009). Accordingly, the Court deems any objection to the magistrate
The Honorable Michael D. Nelson, United States Magistrate Judge for the District
judge’s findings and recommendation waived and accepts the findings and
IT IS ORDERED:
The magistrate judge’s Findings and Recommendation (Filing No. 12) are
This case is dismissed without prejudice.
A separate judgment will issue.
Dated this 23rd day of September 2019.
BY THE COURT:
Robert F. Rossiter, Jr.
United States District Judge
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