Davis v. Wal-Mart Stores East, LP

Filing 7

ORDER VACATING re 5 Order to show cause. Signed by Magistrate Judge G. R. Smith on 9/14/17. (jrb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
GLYNN N. DAVIS,
Plaintiff,
v.
WAL-MART STORES EAST, LP
Defendant.

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CV617-101

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ORDER
Pro se plaintiff Glynn Davis alleges that her former employer,
WalMart Stores East, LP, discriminated against her based on her
disability, then retaliated against her when she complained. See doc. 1.
Finding her indigent, the Court granted in part her application to
proceed in forma pauperis and ordered her to pay a reduced filing fee of
$ 100 in two monthly installments of $ 50. Doc. 4 at 3. She made her
first payment; she failed to make her second. Having failed to comply,
the Court ordered plaintiff to show cause why this case should not be
dismissed on inactivity and, thus, abandonment grounds. Doc. 5 (citing
Fed. R. Civ. P. 41(b) (authorizing district courts to dismiss an action for
failure to obey a court order); L.R. 41.1(c) (authorizing district court to
dismiss for lack of prosecution); Link v. Wabash R.R. Co., 370 U.S. 626,

630-31 (1962) (courts have the inherent authority to dismiss claims for
lack of prosecution); Collins v. Lake Helen, L.P., 249 F. App’x 116, 120
(11th Cir. 2007) (“[D]istrict court[s] possesses the inherent power to
police [their] docket[s]” and to prune out those cases left to languish by
their litigants)).
Plaintiff timely responded, explaining that she had been seriously
ill and unable to get a money order. Doc. 6. She has also made her
second filing fee payment of $50. Therefore, the Order to Show Cause is
VACATED. Davis’ Complaint will be screened in a subsequent order. 1
SO ORDERED, this 14th day of September, 2017.

1

In cases where the plaintiff is proceeding in forma pauperis, which the Court
GRANTS here on indigency grounds, doc. 3, it is required to screen each case, and
must dismiss it if the Court determines either that the allegation of poverty is untrue
or that the action or appeal is frivolous or malicious, fails to state a claim upon which
relief may be granted, or seeks monetary relief against a defendant who is immune
from such relief. 28 U.S.C. § 1915(e)(2).