Myers v. State of Arkansas

Filing 5

ORDER adopting Report and Recommendations in its entirety. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE for failure to prosecute and to obey the orders of this Court. Signed by Honorable Robert T. Dawson on December 28, 2009. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION CARL EDWARD MYERS V. STATE OF ARKANSAS ORDER On this 28th day of December 2009, there comes on for consideration the report and recommendation filed in this case on December 7, 2009, by the Honorable James R. Marschewski, United States Magistrate for the Western District of Arkansas. (Doc. 4). No objections were filed to the report and Civil No. 09-2086 DEFENDANT PLAINTIFF

recommendation. The court has reviewed this case and, being well and sufficiently advised, finds as follows: The report and

recommendation is proper and should be and hereby is adopted in its entirety. On July 13, 2009, Plaintiff filed his Complaint

and was directed to complete and return an IFP application by August 11, 2009. application as Plaintiff failed to return the completed directed. A copy of the report and

recommendation was mailed to Plaintiff at his address on file with the Court, and has not been returned as undeliverable. Accordingly, Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE for failure to prosecute and to obey the orders of

AO72A (Rev. 8/82)

this Court.

See Fed. R. Civ. P. 41(b).

IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)