Davenport v. Walmart Stores, Inc.

Filing 17

ORDER OF DISMISSAL. This case is dismissed in its entirety without prejudice. Signed by District Judge Julie A. Robinson on 08/27/2014. Mailed to pro se party Aleshea Davenport by regular mail. (mg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ALESHEA DAVENPORT,

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Plaintiff,
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v.
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WAL-MART STORES, INC.
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Defendant.
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____________________________________)

Case No. 14-CV-2124-JAR-JPO

ORDER OF DISMISSAL
Plaintiff Aleshea Davenport, proceeding pro se and in forma pauperis, filed this
employment discrimination action against Defendant Wal-Mart Stores, Inc. based on three
federal claims: (1) Title VII of the Civil Right Act of 1964 (“Title VII”), (2) the Age
Discrimination in Employment Act of 1967 (“ADEA”), and (3) the Americans with Disabilities
Act of 1990 (“ADA”). Plaintiff also asserts a malicious prosecution claim under state law. The
Court previously considered a Motion to Dismiss filed by Defendant. In a July 9, 2014
Memorandum and Order (Doc. 15), the Court denied Defendant’s motion without prejudice,
subject to Plaintiff refiling an amended complaint by August 12, 2014 that addressed the
deficiencies in her original Complaint. The Court found that Plaintiff’s Complaint failed to
sufficiently allege administrative exhaustion, a jurisdictional prerequisite to suit, that Plaintiff’s
service was insufficient, and that the malicious prosecution allegations failed to state a
cognizable claim for relief under Kansas law.
The July 9 Order was sent to Plaintiff’s address of record by certified mail; it was
returned unclaimed and not remailed. The Court resent the July 9 Order to Plaintiff’s address of
record on August 12, 2014. To date, Plaintiff has not amended her Complaint, nor is there

evidence that she properly served Defendant as required by the July 9 Order.1
For all of the reasons set forth in the Court’s July 9 Order, the Court hereby dismisses
this action without prejudice.
IT IS THEREFORE ORDERED BY THE COURT that this case is dismissed in its
entirety without prejudice.
Dated: August 27, 2014
S/ Julie A. Robinson
JULIE A. ROBINSON
UNITED STATES DISTRICT JUDGE

1

The Court notes that Plaintiff has initiated two other lawsuits in this district: Davenport v. KC Bindery and
Mailing, No. 14-2196-CM; and Davenport v. International Paper, KC Bindery and Mailing, and Wal-Mart Stores,
14-2424-DDC. The latter case was filed on August 26, 2014.

2