Kuehner v. Marion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA KENNETH W. KUEHNER, Plaintiff, 8:24CV262 vs. ORDER SHAINAN. MARION, Conspiritece; and MITCHELL J. KRUTINA, Cook; Defendants.

This matter is before the Court on the Magistrate Judge’s Findings and Recommendation (Filing No. 6) recommending that the Court dismiss Plaintiff’s Complaint for failure of service and failure to prosecute. There has been no objection. See 28 U.S.C. § 636(b)(1); NECivR 72.2.

A party’s failure to file an objection to a report and recommendation of a magistrate judge waives not only de novo review, “but any review by the Court.” Ramos v. Farmers Ins. (NWL), 586 F.Supp.3d 968, (D. Neb. 2022) (citing Thomas v. Arn, 474 U.S. 140, 149-51, 106 S.Ct. 466 (1985); United States v. Wise, 588 F.3d 531, 537 n.5 (8th Cir. 2009); Daley v. Marriott Int’l, Inc., 415 F.3d 889, 893 (8th Cir. 2005)).

Accordingly, the Court finds that the Magistrate Judge’s recommendation should be adopted, and this case dismissed.

IT IS ORDERED: 1. The Magistrate Judge’s Findings and Recommendation (Filing No. 6) is adopted.

2. This case is dismissed.

3. A-separate judgment will be entered.

Dated this 11th day of December, 2024.

BY THE COURT: 4) p Susan M. Bazis WYO United States District Judge