HERZ v. YOUNG et al
Filing
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ORDER DISMISSING ACTION AND DIRECTING FINAL JUDGMENT - This action has been removed from the Hamilton Superior Court, where it had been docketed as No. 29D03-1801-CT-711. Plaintiff Carolyn Wendy Herz is the same person as Carolyn H. Srivastava, a restricted filer in this Circuit and in this Court as explained in this Court's order of February 13, 2018. Accordingly, this Court finds that the orders making Plaintiff a restricted filer prevent her from filing documents in this case. B ecause Plaintiff cannot proceed, this action must be dismissed for failure to prosecute. To prevent further abusive litigation by Plaintiff, this dismissal is with prejudice. Judgment consistent with this Order shall now issue. (See Order.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 3/21/2018.(BRR)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
CAROLYN WENDY HERZ,
)
)
Plaintiff,
)
)
v.
)
)
RICHARD L. YOUNG,
)
DAVID F. HAMILTON,
)
UNITED STATES DEPARTMENT OF JUSTICE, )
EVAN GOODMAN,
)
JOHN HANLEY,
)
MATTHEW HEADLEY,
)
STEPHEN CLAY,
)
MICHAEL MCQUILLEN,
)
LEWIS WAGNER LLP,
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BOSE MCKINNEY & EVANS LLP,
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LAURA BINFORD,
)
BRIAN BURBRINK,
)
PATRICK HEALY,
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JOSEPH CARLASARE,
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JANET FRENCH,
)
EVAN BAYH,
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HILLARY CLINTON,
)
DAVID KENNEDY, Individually and as Judge of )
Davidson County, Tennessee Seventh Circuit Court,)
and
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EXECUTIVE COMMITTEE OF THE UNITED
)
STATES DISTRICT COURT FOR THE
)
NORTHERN DISTRICT OF ILLINOIS,
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)
Defendants.
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NO. 1:18-cv-00347-TWP-DML
ORDER DISMISSING ACTION AND DIRECTING FINAL JUDGMENT
This action has been removed from the Hamilton Superior Court, where it had been
docketed as No. 29D03-1801-CT-711. See Docket No. 1, citing 28 U.S.C. §§ 1442(a) (civil
actions brought against the United States, its officers, or agencies may be removed to the United
States District Court), 1446.
Plaintiff Carolyn Wendy Herz is the same person as Carolyn H. Srivastava, a restricted
filer in this Circuit and in this Court as explained in this Court’s order of February 13, 2018. (See
Docket No. 13.) That Order stayed these proceedings and directed Plaintiff to show cause no later
than March 16, 2018 why this action should not be dismissed because restrictions have been
imposed on her ability to file papers in all federal courts.
Plaintiff filed a response on March 16, 2018, titled Plaintiff Carolyn Herz’s Verified
Objection to Court’s Order as Unlawful; and 2) Notice of Voluntary Dismissal of Some
Defendants. (Docket No. 15.) In her response, Plaintiff denies that she is also known as Carolyn
H. Srivastava and that anyone who claims to know her by that name is “delusional and may be
hallucinating.” Id. In case No. 1:13-cv-200-SEB-DML at Docket No. 27, Judge Sarah Evans
Barker noted that plaintiff (Srivastava) had provided notice that she had undergone a legal name
change, and her new name is Carol Herz. Since that time, the Courts in this district have repeatedly
recognized that Carolyn H. Srivastava and Carolyn Wendy Herz are the same person, and that all
notices and orders which pertain to Carolyn H. Srivastava also pertain to Carolyn Wendy Herz.
See Order to Show Cause and Stay Proceedings, Docket No. 13; See also Herz v. Simon, 1:18-cv0001-WTL-DML, Docket No. 6; Herz v. Goodman, 1:17-cv-1640-SEB-DML, Docket No. 9; Herz
v. Goodman, 1:17-cv-1102-SEB-TAB, Docket No. 10; Herz v. Goodman, 1:16-cv-2868-JMSDML, Docket No. 12; Herz v. Pescovitz, 1:16-cv-1360-WTL-TAB, Docket No. 8; Herz v. Bayh,
1:16-cv-876-SEB-TAB, Docket No. 20; Herz v. Bayh, 1:15-cv-0434-RLY-DML, Docket No. 20;
Herz v. Hamilton, 1:15-cv-0161-WTL-DML, Docket No. 15; Herz v. United States, 1:14-cv-2102WTL-DML, Docket No. 16; Herz v. Phenninger, 1:14-cv-2001-RLY-DKL, Docket No. 11; Herz
v. United States, 1:14-cv-496-WTL-DKL, Docket No. 11; In re Srivastava, 1:04-mc-104-SEBDML, Docket No. 24.
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Regarding the merits of her filing, Plaintiff’s response fails to demonstrate that (a) her
restricted filer status as referenced above has been altered or does not apply to the present action,
(b) she could prosecute this action through the filing of documents in light of her restricted filer
status, or (c) there is any reason to delay entry of final judgment. Accordingly, this Court finds
that the orders making Plaintiff a restricted filer prevent her from filing documents in this case.
Because Plaintiff cannot proceed, this action must be dismissed for failure to prosecute. To prevent
further abusive litigation by Plaintiff, this dismissal is with prejudice.
Judgment consistent with this Order shall now issue.
IT IS SO ORDERED.
Date: 3/21/2018
Distribution by U.S. Mail to:
Carolyn Wendy Herz
3105 Lehigh Court
Indianapolis, IN 46268-1320
Distribution to electronically registered counsel via ECF
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