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United States District Court for the Southern District of Indiana
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Order | Filed: September 08, 2021 | Entered: September 08, 2021 HERZ v. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA et al
360(P.I.: Other) | Indiana Southern
Order Dismissing Action And Directing Final Judgment
ORDER DISMISSING ACTION AND DIRECTING FINAL JUDGMENT. This action was removed from the Marion Superior Court on August 24, 2021, where it had been filed under Cause No. 49D06-2108-CT-026209 on August 3, 2021. See Filing 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)). 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 August 25, 2021. Filing No. 6 . That Order stayed these proceedings and directed Plaintiff to show cause no later than September 8, 2021 why this action should not be dismissed because restrictions have been imposed on her ability to file papers in all federal courts in the Seventh Circuit. Plaintiff filed a response 8 on September 6, 2021, which entirely 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. The Court finds that the orders making Plaintiff a restricted filer prevent her from filing documents in this case. Because Plaintiff cannot proceed, this action is DISMISSED for failure to prosecute. To prevent further abusive litigation by Plaintiff, this dismissal is with prejudice. The Clerk is directed to correct the spelling of defendant Rothenberg's name on the docket. Judgment consistent with this Order shall now issue. Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 9/8/2021. (MAC) (Entered: 09/08/2021)
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Filed: September 08, 2021 | Entered: September 08, 2021 HERZ v. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA et al
360(P.I.: Other) | Indiana Southern
Closed Judgment
CLOSED JUDGMENT - The Court having this day made its Order directing the entry of final judgment, this action is dismissed with prejudice. Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 9/8/2021. (MAC) (Entered: 09/08/2021)
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Filed: August 25, 2021 | Entered: August 25, 2021 HERZ v. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA et al
360(P.I.: Other) | Indiana Southern
Magistrate Judge
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LMK) (Entered: 08/25/2021)
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