Ream v. Marker ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA REBECCA REAM and JUSTIN REAM, as co-guardians for CHRIS BINGHAM, 8:21-CV-288 Plaintiffs, ORDER vs. BRITTANY MARKER, RN, in her individual capacity, Defendant. This matter is before the Court on the Magistrate Judge's findings and recommendation (filing 36) recommending that the Court dismiss this case without prejudice for failing to comply with discovery orders. Involuntary dismissal for failing to follow discovery rules, comply with the Court's orders, or failure to prosecute is within the Court's discretion. Fed. R. Civ. P. 37(b)(2)(A)(v); Fed. R. Civ. P. 41(b); see Keefer v. Provident Life & Acc. Ins. Co., 238 F.3d 937, 940 (8th Cir. 2000); Schooley v. Kennedy, 712 F.2d 372, 373-74 (8th Cir. 1983). And there has been no objection to the findings and recommendation, meaning that the plaintiffs have waived their right to de novo review. See 28 U.S.C. § 636(b)(1); NECivR 72.2; United States v. Wise, 588 F.3d 531, 537 n.5 (8th Cir. 2009). Accordingly, IT IS ORDERED: 1. The Magistrate Judge's findings and recommendation (filing 36) are adopted. 2. This case is dismissed without prejudice. 3. A separate judgment will be entered. Dated this 20th day of January, 2028. BY THE COURT: bin We touraal OMAP john M.’Gerrard United States District Judge -2-