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TOMKO v. AMERICAN TIRE DISTRIBUTORS, INC., 4:11CV3144. (2012)

Court: District Court, D. Nebraska Number: infdco20120612903 Visitors: 5
Filed: Jun. 11, 2012
Latest Update: Jun. 11, 2012
Summary: MEMORANDUM AND ORDER JOHN M. GERRARD, District Judge. This matter is before the Court on the Magistrate Judge's Memorandum and Order of May 16, 2012 (filing 23 ), recommending that this Court dismiss plaintiff James Tomko's complaint for want of prosecution. Neither party has filed an objection. See , 28 U.S.C. 636(b)(1) ; NeCivR 72.2 . When a party fails to timely object to the report and recommendation of a magistrate judge, the party waives its right to de novo review by the district
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MEMORANDUM AND ORDER

JOHN M. GERRARD, District Judge.

This matter is before the Court on the Magistrate Judge's Memorandum and Order of May 16, 2012 (filing 23), recommending that this Court dismiss plaintiff James Tomko's complaint for want of prosecution. Neither party has filed an objection. See, 28 U.S.C. § 636(b)(1); NeCivR 72.2. When a party fails to timely object to the report and recommendation of a magistrate judge, the party waives its right to de novo review by the district court. United States v. Wise, 588 F.3d 531, 537 n.5 (8th Cir. 2009). The Court finds that the Magistrate Judge's recommendation should be adopted and this case dismissed. Accordingly,

IT IS ORDERED:

1. The Magistrate Judge's Memorandum and Order recommending dismissal for want of prosecution (filing 23) is adopted; 2. This case is dismissed; and 3. A separate Judgment will be entered.
Source:  Leagle

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