Opinion
01 Civ. 10885 (AGS)(FM)
June 26, 2002
REPORT AND RECOMMENDATION
I. Recommendation to Dismiss
On December 4, 2001, Oscar Jernegons, an African American male, commenced this pro se action by filing a complaint in which he alleges that he was the victim of discrimination because of his age and race. (Compl. ¶¶ 1, 2).
Pursuant to Fed R. Civ. P. 4(m), service of the summons and complaint on the Defendants had to be completed by April 4, 2002. After Jernegons failed to meet the deadline, I issued an order on April 25, 2002 directing him to serve the summons and complaint on the Defendants by May 31, 2002, or show cause for his failure to do so. To date, however, Jernegons has failed to effect service. Additionally, he has not provided this Court with an affidavit demonstrating good cause for that failure. I therefore recommend, pursuant to Rule 4(m), that this action be dismissed without prejudice.
II. Notice of Procedure for Filing of Objections to this Report and Recommendation
Mr. Jernegons is hereby directed that if he has objections to this Report and Recommendation, he must, within ten days from today, make them in writing, file them with the Clerk of the Court, and send copies to the chambers of the Honorable Allen G. Schwartz and to the chambers of the undersigned, at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, N.Y. 10007, and to any opposing parties. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 6(a), 6(e), 72(b). Any requests for an extension of time for filing objections must be directed to Judge Schwartz. The failure to file timely objections will result in a waiver of those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 6(a), 6(e), 72(b).