Bramwell v. Walmart Inc.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ANDRE BRAMWELL,
Plaintiff,
V.
WALMART, INC.,
Defendant.
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CIVIL ACTION NO. 4:25-CV-5392
MEMORANDUM AND RECOMMENDATION
On November 11, 2025, Plaintiff, appearing pro se and in forma pauperis,
filed an Original Complaint against Walmart, Inc. asserting a claim under Title VII
for employment discrimination.1 ECF 1. The Court conditionally granted Plaintiff’s
Motion to Appear In Forma Pauperis on February 24, 2026. ECF 8. On March 24,
2026, the Court ordered Plaintiff (1) to immediately file a change of address notice;
and (2) to submit on or before April 14, 2026 a complete summons and form USM-
285 so that the Clerk could issue a summons and deliver it to the U.S. Marshal for
service. ECF 11. Plaintiff has done neither of the above as ordered. Mail continues
to be returned to the Court as undeliverable (ECF 13, 14) and Plaintiff has not caused
a summons to issue.
1 The District Judge referred this case to the undersigned Magistrate Judge pursuant to 28 U.S.C.
§ 636(b)(1)(A) and (B), the Cost and Delay Reduction Plan under the Civil Justice Reform Act,
and Federal Rule of Civil Procedure 72. ECF 6
United States District Court
Southern District of Texas
ENTERED
May 12, 2026
Nathan Ochsner, Clerk
Case 4:25-cv-05392 Document 14 Filed 05/12/26 in TXSD Page 1 of 2

For these reasons, the Court RECOMMENDS that this case be dismissed
without prejudice for failure to timely serve Defendant in accordance with Federal
Rule of Civil Procedure 4 and failure to comply with the Court’s order.
The Clerk of the Court shall send copies of the memorandum and
recommendation to the respective parties, who will then have fourteen days to file
written objections, pursuant to 28 U.S.C. § 636(b)(1)(C). Failure to file written
objections within the time period provided will bar an aggrieved party from attacking
the factual findings and legal conclusions on appeal. Douglass v. United Servs. Auto.
Ass’n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc), superseded by statute on
other grounds
Christina A. Bryan
United States Magistrate Judge
Signed on May 12, 2026, at Houston, Texas.
Case 4:25-cv-05392 Document 14 Filed 05/12/26 in TXSD Page 2 of 2