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LUND v. MATTHEWS, 8:13CV144. (2014)

Court: District Court, D. Nebraska Number: infdco20140612c74 Visitors: 12
Filed: Jun. 11, 2014
Latest Update: Jun. 11, 2014
Summary: ORDER JOSEPH F. BATAILLON, District Judge. This matter is before the court on the Findings and Recommendation ("F&R") of the magistrate judge, Filing No. 45. The magistrate judge recommended dismissal of the claims against defendant Sidney Medical Associates for failure to prosecute. Id., F&R at 1. The magistrate judge found that the plaintiff "failed to comply with the court order requiring him to serve the defendant Sidney Medical Associates or show cause." Id. at 3. The plaintiff has
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ORDER

JOSEPH F. BATAILLON, District Judge.

This matter is before the court on the Findings and Recommendation ("F&R") of the magistrate judge, Filing No. 45. The magistrate judge recommended dismissal of the claims against defendant Sidney Medical Associates for failure to prosecute. Id., F&R at 1. The magistrate judge found that the plaintiff "failed to comply with the court order requiring him to serve the defendant Sidney Medical Associates or show cause." Id. at 3. The plaintiff has filed no objection to the F&R.

The court agrees with the magistrate judge's conclusion that the claims against defendant Sidney Medical Associates should be dismissed, without prejudice, under Fed. R. Civ. P. 4(m). Accordingly,

IT IS ORDERED:

1. The F&R of the magistrate judge (Filing No. 45) is adopted.

2. The plaintiff's claims against defendant Sidney Medical Associates are dismissed, without prejudice.

Source:  Leagle

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