Embry v. Safelite Fulfillment, LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
LATRIECE NECOLE EMBRY, 	§
§
Plaintiff, 	§
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v. 	§ 	Civil Action No. 4:25-cv-1393-O-BP
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SAFELITE FULFILLMENT, LLC, 	§
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Defendant. 	§
ORDER VACATING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
Pro se Plaintiff Latriece Necole Embry sued Safelite Fulfillment, LLC on December 10,
2025. ECF No. 1. The Court ordered Casey to either pay the filing fee or file an application to
proceed in forma pauperis on or before December 30, 2025. See ECF No. 5. The Court warned
Embry that noncompliance “could result in the dismissal of this case without further notice. See
FED. R. C IV. P. 41(b).” Id. at 1. Despite a clear warning that noncompliance could result in
dismissal of his case under Federal Rule of Civil Procedure 41(b), Embry did not comply with that
order or file a pleading to explain her delay. After considering the pleadings and applicable legal
authority, the undersigned recommended on January 2, 2026 that Chief United States District
Judge Reed O’Connor dismiss this case without prejudice under Federal Rule of Civil Procedure
41(b). ECF No. 6.
On January 5, 2026, Embry filed a Motion for Extension of Time. ECF No. 6. The
undersigned hereby VACATES the Findings, Conclusions, and Recommendation (ECF No. 6)
entered on January 2, 2026 and GRANTS Embry’s Motion for an Extension of Time. Embry
SHALL comply with the Court’s previous Order (ECF No. 5) and SHALL either pay the $405.00
filing fee or file a complete long-form application to proceed in forma pauperis, by January 29,
2026. Failure to comply with the Court’s Order by January 29, 2026 will result in a
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recommendation that the Court dismiss this case without further notice. See Fed. R. Civ. P. 41(b);
Hickerson v. Christian, 283 F. App’x 251, 253 (5th Cir. 2008) (a district court may sua sponte
dismiss an action for failure to prosecute under Rule 41(b)); see also Link v. Wabash R. Co., 370
U.S. 626 (1962) (a court may dismiss for lack of prosecution under its inherent authority).
It is so ORDERED on January 7, 2026.
____________________________________
Hal R. Ray, Jr.
UNITED STATES MAGISTRATE JUDGE
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