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CHERRY v. KROGER TEXAS, L.P.

No. 17-10130. Summary Calendar.

MARY CHERRY, Plaintiff-Appellant, v. KROGER TEXAS, L.P., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed: July 14, 2017.

Attorney(s) appearing for the Case

Matthew J. Kita , for Plaintiff-Appellant.

Bryan Kyle Briscoe , for Defendant-Appellee.

Robert Michael Meador , for Plaintiff-Appellant.

Julia Lemond Sinor , for Defendant-Appellee.

Before: KING, DENNIS, and COSTA, Circuit Judges.

Plaintiff-Appellant Mary Cherry appeals the district court's sua sponte dismissal of her complaint pursuant to Federal Rule of Civil Procedure 41(b) for failure to comply with two court orders. Because the district court abused its discretion in dismissing this suit, we VACATE and REMAND for further proceedings...

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