Glenn v. CVS Pharmacy Inc

N.D. Texas

Glenn v. CVS Pharmacy Inc

DecidedJanuary 13, 2021

Docket3:20-cv-03724

StatusUnknown

This text of Glenn v. CVS Pharmacy Inc (Glenn v. CVS Pharmacy Inc) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Glenn v. CVS Pharmacy Inc, (N.D. Tex. 2021).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

STEPHANIE N. GLENN, Plaintiff, v. Case No. 3:20-cv-3724-M-BT CVS PHARMACY INC., Defendant. ORDER Pro se Plaintiff Stephanie N. Glenn filed this employment discrimination case (ECF No. 3) and a Motion for Leave to Proceed in forma pauperis (ECF No. 5) on December 28, 2020. The next day, the undersigned filed Findings, Conclusions,

and Recommendation advising the Court to deny Glenn’s Motion because she had failed to show that payment of the filing fee would cause her undue financial hardship given her financial situation. Mot. 2. Consequently, the undersigned also recommended the Court to dismiss Glenn’s complaint without prejudice unless she paid the $402.00 filing fee within thirty days of the recommendation.

Glenn subsequently paid the filing fee on January 11, 2021—within the thirty-day period of the undersigned’s recommendation. Therefore, the Court DENIES Glenn’s Motion to Proceed in forma pauperis (ECF No. 5) and VACATES the Findings, Conclusions, and Recommendation of the United States Magistrate

1 Judge (ECF No. 7). The Court now finds good cause to extend the time for service and grants Glenn until April 11, 2021, to serve Defendant CVS Pharmacy Inc. (“CVS”). If Plaintiff Glenn fails to timely serve CVS, the Court will recommend Glenn’s claims against them be dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b) (providing for dismissal, with or without prejudice, for failure to prosecute and obey court orders); Vafaiyan v. City of Wichita Falls, 317 F. App’x 406, 408 (5th Cir. 2009) (per curiam) (affirming the district court did not abuse its discretion in dismissing plaintiffs complaint pursuant to Fed. R. Civ. P. 4(m)). The Clerk of the Court is directed to send summons forms, a copy of Fed. R. Civ. P. 4, and a copy of Local Rule 4.1 to Glenn.

SO ORDERED. January 13, 2021. Rey taiSccermioR> UNITED STATES MAGISTRATE JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

STEPHANIE N. GLENN, Plaintiff, v. Case No. 3:20-cv-3724-M-BT CVS PHARMACY INC., Defendant. ORDER Pro se Plaintiff Stephanie N. Glenn filed this employment discrimination case (ECF No. 3) and a Motion for Leave to Proceed in forma pauperis (ECF No. 5) on December 28, 2020. The next day, the undersigned filed Findings, Conclusions,

and Recommendation advising the Court to deny Glenn’s Motion because she had failed to show that payment of the filing fee would cause her undue financial hardship given her financial situation. Mot. 2. Consequently, the undersigned also recommended the Court to dismiss Glenn’s complaint without prejudice unless she paid the $402.00 filing fee within thirty days of the recommendation.

Glenn subsequently paid the filing fee on January 11, 2021—within the thirty-day period of the undersigned’s recommendation. Therefore, the Court DENIES Glenn’s Motion to Proceed in forma pauperis (ECF No. 5) and VACATES the Findings, Conclusions, and Recommendation of the United States Magistrate

1 Judge (ECF No. 7). The Court now finds good cause to extend the time for service and grants Glenn until April 11, 2021, to serve Defendant CVS Pharmacy Inc. (“CVS”). If Plaintiff Glenn fails to timely serve CVS, the Court will recommend Glenn’s claims against them be dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b) (providing for dismissal, with or without prejudice, for failure to prosecute and obey court orders); Vafaiyan v. City of Wichita Falls, 317 F. App’x 406, 408 (5th Cir. 2009) (per curiam) (affirming the district court did not abuse its discretion in dismissing plaintiffs complaint pursuant to Fed. R. Civ. P. 4(m)). The Clerk of the Court is directed to send summons forms, a copy of Fed. R. Civ. P. 4, and a copy of Local Rule 4.1 to Glenn.

SO ORDERED. January 13, 2021. Rey taiSccermioR> UNITED STATES MAGISTRATE JUDGE

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