Myers v. State of Arkansas
REPORT AND RECOMMENDATIONS re 1 Complaint filed by Carl Edward Myers. Objections to R&R due by 12/24/2009. Signed by Honorable James R. Marschewski on December 7, 2009. (sh)
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION CARL EDWARD MYERS v. STATE OF ARKANSAS Civil No. 09-2086 D E F E N D AN T PLAINTIFF
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE Carl Edward Myers submitted this pro se employment discrimination action for filing on July 13, 2009. Myers failed to submit with his complaint a complete application to proceed in forma
pauperis. The second page of the application submitted was not completed and the application was not signed by Myers. The clerk was directed to provide Myers with an in forma pauperis application. An order was entered (Doc. 3) giving Myers until August 11, 2009, to complete, sign, and return a complete application to proceed in forma pauperis. Myers was advised that if he failed to complete, sign, and return the in forma pauperis application the case would become subject to summary dismissal. To date, the in forma pauperis application has not been filed. Myers has not sought an extension of time to file the in forma pauperis application. He has not communicated with the court in anyway. I therefore recommend that the complaint be dismissed on the grounds plaintiff has failed to prosecute this action and has failed to obey the order of this court. Fed. R. Civ. P. 41(b). M yers has fourteen (14) 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 m ay result in waiver of the right to appeal questions of fact. Myers is reminded that objections m ust be both timely and specific to trigger de novo review by the district court. DATED this 7th day of December 2009.
/s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE
AO72A (Rev. 8/82)
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