Homer Powell and Geneva Powell v. American Strategic Insurance Corp.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY OWENSBORO DIVISION HOMER POWELL, Petitioner GENEVA POWELL, v. Civil Action No. 4:25-cv-14-RGJ-HBB AMERICAN STRATEGIC INSURANCE Defendant CORP. * * * * * ORDER ACCEPTING REPORT AND RECOMMENDATION This matter is before the Court on the Report and Recommendation of the Magistrate Judge that this case be dismissed without prejudice for failure to prosecute. [DE 26]. This matter was referred to United States Magistrate Judge. [DE 5]. The Magistrate Judge entered his Report and Recommendation [DE 26] on February 24, 2026. The time for objections to the Magistrate Judge’s recommendation expired on March 10, 2026. See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(2). No objections were filed and the time for doing so has passed. This matter is now ripe for adjudication.

A district court may refer a motion to a magistrate judge for the preparation of a report and recommendation. 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b)(1). “A magistrate judge must promptly conduct the required proceedings . . . [and] enter a recommended disposition, including, if appropriate, proposed findings of fact.” Fed. R. Civ. P. 72(b)(1). This Court must “determine de novo any part of the magistrate judge’s disposition that has been properly objected to.” 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). The Court need not review under a de novo or any other standard those aspects of the report and recommendation to which no specific objection is made and may adopt the findings and rulings of the magistrate judge to which no specific objection is filed Thomas v. Arn, 474 U.S. 140, 150, 155 (1985).

Here, because no party has objected to the Report and Recommendation, the Court may accept it without review. See Thomas, 474 U.S. at 150, 155. Nevertheless, the Court has conducted its own review of the record and finds no error in the Magistrate Judge’s findings and conclusions. Accordingly, and the Court being otherwise sufficiently advised, IT ORDERED as follows: (1) The Report and Recommendation of the United States Magistrate [DE 26], is ACCEPTED in whole and INCORPORATED by reference. (2) A separate judgment shall issue this date.

March 16, 2026 “Kwmrry> United States District Court ce: Counsel of Record