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Pamela Ferguson v. Sanderson Farms, Incorporated, 18-50906 (2019)

Court: Court of Appeals for the Fifth Circuit Number: 18-50906 Visitors: 38
Filed: Apr. 26, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 18-50906 Document: 00514931894 Page: 1 Date Filed: 04/26/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-50906 FILED Summary Calendar April 26, 2019 Lyle W. Cayce Clerk PAMELA ARMSTRONG FERGUSON, Plaintiff – Appellant v. SANDERSON FARMS, INCORPORATED, Defendant – Appellee Appeal from the United States District Court for the Western District of Texas USDC No. 6:17-cv-135 Before JOLLY, COSTA, and HO, Circuit Judges. PER CUR
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Case: 18-50906 Document: 00514931894 Page: 1 Date Filed: 04/26/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-50906 FILED Summary Calendar April 26, 2019 Lyle W. Cayce Clerk PAMELA ARMSTRONG FERGUSON, Plaintiff – Appellant v. SANDERSON FARMS, INCORPORATED, Defendant – Appellee Appeal from the United States District Court for the Western District of Texas USDC No. 6:17-cv-135 Before JOLLY, COSTA, and HO, Circuit Judges. PER CURIAM: * Pamela Ferguson wanted to leave work before her shift ended at Sanderson Farms because of another commitment she had. After being told that leaving would count as an absence, she asked to take a vacation day. She was told that she did not provide the required notice that would have allowed the employer to fill her position that day. Ferguson left anyway despite being * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 18-50906 Document: 00514931894 Page: 2 Date Filed: 04/26/2019 No. 18-50906 told that walking off the job would be considered a voluntary termination. Ferguson then notified the company she was resigning. Ferguson next filed this pro se lawsuit. The district court, adopting the recommendation of the magistrate judge, sua sponte dismissed several of the claims under Rule 12(b)(6). It also granted defendant’s motion for summary judgment on Ferguson’s claim under the Americans with Disabilities Act. It is doubtful that Ferguson’s brief sufficiently challenges the reasons the district court gave for dismissing her claims either on the pleadings or based on the summary judgment record. But even if Ferguson has not forfeited these issues, we find no error in the district court’s decision. AFFIRMED. 2
Source:  CourtListener

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