Myers v. Firestone Rogers Ave. Store

Filing 5

REPORT AND RECOMMENDATIONS re 1 Complaint filed by Carl Edward Myers. Objections to R&R due by 10/23/2009. Signed by Honorable James R. Marschewski on October 5, 2009. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION CARL EDWARD MYERS v. FIRESTONE - ROGERS AVE. STORE CASE No. 09-2079 DEFENDANT PLAINTIFF REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE Plaintiff's complaint has been filed pursuant to the Age Discrimination in Employment Act and Title VII of the Civil Rights Act on July 10, 2009. (Doc. 1). On that same date, the Court provided an addendum to the Plaintiff, in order to assist the Court with reviewing Plaintiff's Complaint and his Motion to Proceed In Forma Pauperis. (Doc. 4). Plaintiff was ordered to complete and return the addendum on or before August 10, 2009. Plaintiff has not returned the addendum to the Court. Moreover, Plaintiff has continued to correspond with the Court and has provided no new address. No mail has been returned to the Court from Plaintiff. Accordingly, it is the recommendation of the undersigned that Plaintiff's Complaint (Doc. 1) be dismissed for failure to obey a Court Order and/or for failure to prosecute. See Fed. R. Civ. P. 41. The parties have ten days from receipt of the report and recommendation in which to file written objections pursuant to 28 U.S.C. 636(b)(1). The failure to file timely objections may result waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. DATED this 5th day of October 2009. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE

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