Rochelle v. CVS Caremark

Filing 31

MEMORANDUM AND ORDER that Mr. Rochelle submit his motion to file appeal in forma pauperis in a form the Court can access no later than Wednesday, August 5, 2015. If Mr. Rochelle fails to do so, the Court will deny it summarily. Signed by District Judge Daniel D. Crabtree on 7/16/15. Mailed to pro se party Marquan Rochelle by regular and certified mail (70123460000082621837). (mm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MARQUAN ROCHELLE,
Plaintiff,
Case No. 14-cv-2473-DDC-TJJ
v.
CVS CAREMARK,
Defendant.

MEMORANDUM AND ORDER
On June 8, 2015, the Court issued a Memorandum and Order dismissing plaintiff
Marquan Rochelle’s claims in this lawsuit (Doc. 28). The next day, June 9, the Court entered a
judgment in favor of defendant CVS Caremark (Doc. 29), thereby readying this case for a
possible appeal.
On July 10, 2015, Mr. Rochelle sent an e-mail to the Clerk of the Court’s e-mail account
with two documents attached: (1) a motion for leave to file an appeal in forma pauperis and
(2) an affidavit in support of the motion. The Clerk’s office was able to open the affidavit, a .pdf
file, without issue. The motion, however, was a Microsoft Word file that the Clerk’s office could
not open. The Clerk’s office sent an e-mail to Mr. Rochelle asking him to re-send his motion.
Mr. Rochelle did so on July 14, 2015, but again the Clerk’s office could not open the file. The
Clerk’s office then sent an e-mail asking Mr. Rochelle to fax the motion and provided a fax
number. As of July 16, 2015, Mr. Rochelle has not faxed his motion or otherwise responded to
the Clerk’s office’s latest e-mail.
The Court has filed the affidavit in support of Mr. Rochelle’s motion as Doc. 30. But it
cannot permit Mr. Rochelle to file an appeal in forma pauperis without reviewing the motion
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itself. As a result, the Court orders Mr. Rochelle to submit his motion in a form the Court can
access no later than Wednesday, August 5, 2015. If Mr. Rochelle fails to do so, the Court will
deny it summarily.
IT IS SO ORDERED.
Dated this 16th day of July, 2015, at Topeka, Kansas.

s/ Daniel D. Crabtree
Daniel D. Crabtree
United States District Judge

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