JDR INDUSTRIES, INC. v. McDOWELL, 8:14-CV-284. (2016)
Court: District Court, D. Nebraska
Number: infdco20160128f11
Visitors: 9
Filed: Jan. 27, 2016
Latest Update: Jan. 27, 2016
Summary: MEMORANDUM AND ORDER JOHN M. GERRARD , District Judge . This matter is before the Court on the Magistrate Judge's Findings and Recommendation (filing 108) recommending that the Court file an entry of default against the defendant J.L. Vance, L.L.C. The defendant has not objected to the Magistrate Judge's recommendation. Title 28 U.S.C. 636(b)(1) provides for de novo review of a Magistrate Judge's findings or recommendations only when a party objects to them. Peretz v. United States, 5
Summary: MEMORANDUM AND ORDER JOHN M. GERRARD , District Judge . This matter is before the Court on the Magistrate Judge's Findings and Recommendation (filing 108) recommending that the Court file an entry of default against the defendant J.L. Vance, L.L.C. The defendant has not objected to the Magistrate Judge's recommendation. Title 28 U.S.C. 636(b)(1) provides for de novo review of a Magistrate Judge's findings or recommendations only when a party objects to them. Peretz v. United States, 50..
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MEMORANDUM AND ORDER
JOHN M. GERRARD, District Judge.
This matter is before the Court on the Magistrate Judge's Findings and Recommendation (filing 108) recommending that the Court file an entry of default against the defendant J.L. Vance, L.L.C.
The defendant has not objected to the Magistrate Judge's recommendation. Title 28 U.S.C. § 636(b)(1) provides for de novo review of a Magistrate Judge's findings or recommendations only when a party objects to them. Peretz v. United States, 501 U.S. 923 (1991). Failure to object to a finding of fact in a Magistrate Judge's recommendation may be construed as a waiver of the right to object from the district court's order adopting the recommendation of the finding of fact. NECivR 72.2(f). And the failure to file an objection eliminates not only the need for de novo review, but any review by the Court. Thomas v. Arn, 474 U.S. 140 (1985); Leonard v. Dorsey & Whitney LLP, 553 F.3d 609 (8th Cir. 2009); see also United States v. Meyer, 439 F.3d 855, 858-59 (8th Cir. 2006). Accordingly, the Court will adopt the Magistrate Judge's recommendation that a default be entered against the defendant J.L. Vance, L.L.C.
IT IS ORDERED:
1. The Magistrate Judge's Findings and Recommendation (filing 108) are adopted.
2. The Clerk of Court is directed to enter a default against defendant J.L. Vance, L.L.C.
Source: Leagle
