Rhodes v. Roberts et al

Filing 4

OPINION AND ORDER re 1 PRO SE COMPLAINT filed by Plaintiff Damaris June Rhodes; 3 WRIT of Error by filed by Plaintiff Damaris June Rhodes. Plaintiff GRANTED until 5/27/2015 to pay the $400.00 filing fee or to petition the Court to proceed w ithout prepayment of the filing fee. Failure to abide by this Order will result in dismissal of this case without further notice. Clerk DIRECTED to forward to Plaintiff a petition to proceed without prepayment of the filing fee. Clerk DIRECTED to REMOVE from the caption on the docket Linda, Clerk of Court; John Doe, South Bend Counselor; and Jane Doe, On Phone. Signed by Judge Joseph S Van Bokkelen on 5/13/15. (cc: Damaris June Rhodes with copy of petition). (cer)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA

DAMARIS JUNE RHODES,
Plaintiff;
v.

Civil Action No. 1:15-CV-94-JVB

JOHN GLOVER ROBERTS, JR. et al.,
Defendants.

OPINION AND ORDER
On April 23, 2015, Damaris June Rhodes filed a complaint against various defendants in
this Court but failed to pay the filing fee. On May 8, she filed a submission stating that she does
not intend to ask leave to proceed without prepayment of the filing fees as that would be
proceeding “according to the rules of chancery” as opposed to “the rules of common law without
cost.” Instead, she asks that the Court rescind its procedures for filing a civil case.
Ms. Rhodes is misguided. She may not proceed with her complaint unless she files the
$400 fee, see 28 U.S.C. § 1914 and the District Court Miscellaneous Fee Schedule, or is excused
by the Court from paying such fee as set out in 28 U.S.C. § 1915. Mindful of her pro se status,
the Court grants Ms. Rhodes until May 27, 2015, to either pay the filing fee or to petition the
Court to proceed without the prepayment of such fee. Failure to abide by this order will result in
dismissal of this case without further notice.

The Clerk is directed to mail Ms. Rhodes a blank copy of a petition to proceed without
prepayment of the filing fee.
In addition, as far as the Court is able to tell, Ms. Rhodes’s May 8 submission is also
meant as a notice to the Clerk’s office (namely, “Linda, Clerk of Court; John Doe South Bend
Counselor; and Jane Doe on Phone”) to correct their “errors.” As such, the Clerk is directed to
remove these persons from the caption on the docket as they should not have been placed there
to begin with.
SO ORDERED on May 13, 2015.

s/ Joseph S. Van Bokkelen
JOSEPH S. VAN BOKKELEN
UNITED STATES DISTRICT JUDGE

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