Allen et al v. Morello

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MATT ALLEN, and CHRIS ALLEN,
Plaintiffs,
v.
BERNARD J. MORELLO, and all Persons
having or claiming any Interest in the real
estate described as: Section 16, Township
16N, Range 10 E, Approximately 5 Acres,
Existing due West of the Rawhide Creek,
Douglas County, Nebraska,
Defendant.
8:25CV495
ORDER
This 	matter 	is 	before 	the 	Court 	on 	the 	December 	17, 	2025, 	Findings 	and
Recommendation (Filing No. 16) by the magistrate judge1 recommending the Court deny
plaintiffs Matt and Chris Allen’s Motion to Remand (Filing No. 5). Pursuant to 28 U.S.C.
§ 636(b)(1), the parties had fourteen days to object. Neither has. See Fed. R. Civ. P. 72(a);
NECivR 72.2.
Section 636(b)(1) “provide[s] for de novo review only when a party object[s] to the
magistrate’s findings or recommendations.” 	Peretz v. United States, 501 U.S. 923, 939
(1991). “[T]he failure to file objections eliminates not only the need for de novo review,
but any review by the district court.” 	Leonard v. Dorsey & Whitney LLP, 553 F.3d 609,
619-20 (8th Cir. 2009) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985)). 	Because the
Court has not received any objections,
IT IS ORDERED:
1 The Honorable Ryan C. Carson, United States Magistrate Judge for the District of
Nebraska.
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2
1. 	The magistrate judge’s Findings and Recommendation (Filing No. 16) are
accepted. Any objections are deemed waived.
2. 	Plaintiffs Matt and Chris Allen’s Motion to Remand (Filing No. 5) is denied.
Dated this 8th day of January 2026.
BY THE COURT:
Robert F. Rossiter, Jr.
Chief United States District Judge
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