McLennon v. TIAA

Filing 25

ORDER granting 24 Plaintiff's Motion for Leave to Proceed In Forma Pauperis. IT IS FURTHER ORDERED that the parties shall designate a mediator who is certified in this district to preside over a mediated settlement conference and to file an appropriate Noticeof Designation of Mediator, on or before December 13, 2019. Signed by Magistrate Judge David Keesler on 11/27/2019. (Pro se litigant served by US Mail.)(thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-223-RJC-DCK
MARJORIE MCLENNON,
Plaintiff,
v.
TIAA,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Unopposed Motion For
Leave To Proceed In Forma Pauperis” (Document No. 24 ) filed November 27, 2019. This
motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and
immediate review is appropriate. Having carefully considered the motion and the record, and
noting Defendant’s consent, the undersigned will grant the motion.
By the instant motion, Plaintiff seeks to proceed with a second amended “Complaint For
Employment Discrimination” (Document No.16) against Defendant without having to prepay the
costs associated with bringing this action. (Document No. 24). In support of this motion, Plaintiff
has submitted an “Application To Proceed In District Court Without Prepaying Fees Or Costs”
(Document No. 24-1). In addition, Plaintiff requests additional time for the parties to identify a
mediator. (Document No. 24, p. 2).
Based on Plaintiff’s representations, through PSAP counsel, the Court finds that Plaintiff
does not have sufficient resources from which to pay the filing fee associated with bringing this
action and that Plaintiff’s Application should be allowed. If it is determined during the course of

this litigation that Plaintiff has other income or assets, or obtains new employment, the Court may
then require payment of fees and other costs.
IT IS, THEREFORE, ORDERED that “Plaintiff’s Unopposed Motion For Leave To
Proceed In Forma Pauperis” (Document No. 24) is GRANTED.
IT IS FURTHER ORDERED that the parties shall designate a mediator who is certified
in this district to preside over a mediated settlement conference and to file an appropriate Notice
of Designation of Mediator, on or before December 13, 2019.
SO ORDERED.

Signed: November 27, 2019

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