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Rhodes v. Federal Bureau of Investigation

United States District Court, N.D. Indiana, Hammond Division

March 16, 2017

ANTHONY RHODES, Plaintiff,
v.
FEDERAL BUREAU OF INVESTIGATION, Defendant.

          OPINION AND ORDER

          RUDY LOZANO, Judge United States District Court

         This matter is before the Court on the Complaint (DE #1), the Petition to Proceed Without Pre-Payment of Fees and Costs (DE #2), and the Plaintiff's Motion to Compel Preparation of a Vaughn Index (DE #3), all filed by Plaintiff, Anthony Rhodes, on March 15, 2016. For the reasons set forth below, the Court:

         (1) DISMISSES the complaint (DE #1);

         (2) DENIES the motion for leave to proceed in forma pauperis (DE #2);

         (3) DENIES the motion to compel as MOOT (DE #3);

         (4) GRANTS Plaintiff to and including April 17, 2017, to file an amended complaint in accordance with this order and either pay the filing fee or refile his in forma pauperis petition, making sure that all information is up to date as of the time of filing; and

         (5) CAUTIONS Plaintiff that if he does not respond by the deadline, this action is subject to termination without further notice.

         BACKGROUND

         Plaintiff, Anthony Rhodes (“Rhodes”), initiated this case by filing a pro se complaint (DE #1) and a petition to proceed in forma pauperis (“IFP”) (DE #2) on March 15 2016. That same day, he also filed a motion to compel the “[p]reparation of a Vaughn Index.” (DE #3.) In his complaint, Rhodes lists one defendant, the Federal Bureau of Investigation (“FBI”). (DE #1.) Rhodes asserts that he is suing the FBI on ten legal theories “because they have performed a number of illegal acts against [his] person during the years of 2004 (to my knowledge) to this current date.” (Id. at 2.) The specific causes of action with supporting facts, in full, as listed in Rhodes' complaint are as follows:

1. Obstruction of Justice- It is my assertion that the [FBI] did knowingly and willingly use the E7 exclusion of the Freedom of Information Act to obstruct justice, by purposely placing information which would clearly reveal their wrongdoing within it; thereby preventing my access to such records upon my Freedom of Information Act requests dated August 2, 2006 and November 22, 2015.
2. Privacy Invasion- It is my assertion that the [FBI] did knowingly and willingly use agents and/or others to harass me during the years of 2004 (to my knowledge) to present.
3. Harassment- It is my assertion that the [FBI] did knowingly and willingly use agents and/or others to invade my privacy during the years of 2004 (to my knowledge) to present.
4. Torture- It is my assertion that the [FBI] did knowingly and willingly use agents and/or others to use directed energy weapons to torture me during the years of 2004 (to my knowledge) to present.
5. Theft- It is my assertion that the [FBI] did knowingly and willingly use agents and/or others to steal my personal and intellectual property during the years ...

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