Kearney v. Official Committee of Unsecured Creditors

Filing 7

ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDATIONS DISPOSITION by Sr. District Judge Robert C. Brack adopting 6 Report and Recommendations. It Is Furthered Ordered that the Appellant's Notice of Appeal 1 Clerk's Certificate of Service Notice of Appeal and Election to Have Appeal Heard by District Court by U.S. Bankruptcy Court is dismissed for lack of prosecution. (jn)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO VICTOR P. KEARNEY, Appellant, vs. Civ. No. 18-544 RB/KK OFFICIAL COMMITTEE OF UNSECURED CREDITORS, Appellee. ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION THIS MATTER is before the Court on the Proposed Findings and Recommended Disposition by United States Magistrate Judge Kirtan Khalsa, filed September 28, 2018. (Doc. 6.) The parties had until October 12, 2018, to file any objections. (Id.) The parties have not filed any objections. The failure to make timely objections to the Magistrate Judge’s Proposed Findings and Recommended Disposition waives appellate review of both factual and legal questions. United States v. One Parcel of Real Property, 73 F.3d 1057, 1059 (10th Cir. 1996). IT IS THEREFORE ORDERED that the Magistrate Judge’s Proposed Findings and Recommended Disposition (Doc. 6) are adopted. IT IS FURTHER ORDERED that Appellant’s Notice of Appeal (Doc. 1) is DISMISSED for lack of prosecution. ________________________________ ROBERT C. BRACK SENIOR U.S. DISTRICT JUDGE

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