Miller et al v. Indiana State of et al, No. 1:2009cv00253 - Document 4 (N.D. Ind. 2009)
Court Description: OPINION AND ORDER DIRECTING Clerk to assign a civil cause number to 1:09mc5 as outlined. All further filings to be made under 1:09cv253. Pltfs are GRANTED to/including 9/24/09 to submit remaining balance of $311 filing fee or request to proceed in forma pauperis or case may be dismissed. Signed by Magistrate Judge Roger B Cosbey on 9/10/09. (cc: order and IFP petition to plaintiffs at last known address).(jcp)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION UNITED STATES, ex rel ORVA E. MILLER and WILMA P. MILLER, Plaintiffs, v. LA GRANGE COUNTY CIRCUIT COURT, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CAUSE NO. 1:09-mc-5 1:09-cv-253 OPINION AND ORDER On September 3, 2009, the Plaintiffs submitted to the Court a lengthy filing which appears to be an action, although not denominated a Complaint, seeking damages and perhaps relief in the nature of mandamus from various entities, including the State of Indiana and a state court judge. Because the Plaintiffs tendered thirty-nine dollars ($39) as a filing fee and requested that the case be filed on the miscellaneous docket, the clerk assigned the above miscellaneous cause number and assigned it to the undersigned Magistrate Judge. A review of the filing, however, indicates that this case does not fall within any recognized miscellaneous category and is actually a civil action since it seeks damages and perhaps injunctive-type relief from various entities; accordingly, under 28 U.S.C. ยง 1914, a three hundred and fifty dollar ($350) filing fee should have been submitted. The Plaintiffs are therefore granted to and including September 24, 2009, to submit the remaining balance of three hundred and eleven dollars ($311) to the Office of the Clerk or to request to proceed in forma pauperis. The Clerk is directed to assign a civil cause number to the case and to randomly assign it to a District Judge and this Magistrate Judge.1 All further filings are to be made under the cause number: 1:09-cv-253. The Clerk is also directed to send one copy of this order and in forma pauperis application to Orva E. Miller at his last known address and one copy each to Wilma P. Miller at her last known address. In the event the Plaintiffs do not, by September 24, 2009, seek to pursue the case in forma pauperis, or submit the $311 balance, the case may be summarily dismissed. SO ORDERED. Enter for this 10th day of September, 2009 /S/ Roger B. Cosbey Roger B. Cosbey, United States Magistrate Judge 1 As noted above, the Court has re-cast the caption so that it appears more conventionally than as styled by the Plaintiffs. 2
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