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Walton v. Pence

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

April 26, 2017

MARILYN DARCEL WALTON, Plaintiff,
v.
MICHAEL RICHARD PENCE,, Defendants.

          OPINION AND ORDER

          RUDY LOZANO, Judge United States District Court

         This matter is before the Court on the Complaint (DE #1) and the Petition to Proceed Without Pre-Payment of Fees and Costs (DE #2) filed by Plaintiff, Marilyn Darcel Walton, on April 17, 2017. 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) GRANTS Plaintiff to and including May 16, 2017, to file an amended complaint in accordance with this order and either pay the filing fee or refile her in forma pauperis petition, making sure that all information is up to date as of the time of filing; and

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

         BACKGROUND

         Plaintiff, Marilyn Darcel Walton (“Walton”), initiated this case by filing a pro se complaint (DE #1) and a petition to proceed in forma pauperis (“IFP”) (DE #2) on April 17 2017. In her complaint, Walton lists seventeen defendants including but not limited to Vice President Michael Pence, Former President Barack Obama, a former CEO of U.S. Steel, two educational institutions, a car dealership, a security company, a real estate company, an apartment management service, two hospitals, and an attorney. (DE #1.) Walton's legal theories are not discernable from the complaint itself, but the Civil Cover Sheet indicates that she is suing for assault, libel and slander; personal injury; fraud; and civil rights violations arising (at least in part) under the Americans with Disabilities Act. She further indicates that her cause of action stems from the illegal removal of minor children and that she is seeking an injunction against the defendants.

         Despite the categorization of her claim in the civil cover sheet, the complaint itself does not make mention of the illegal removal of children. It also does not mention her alleged disability. It does indicate that she was once employed by both Allstate and U.S. Steel, and she witnessed discrimination in the course of her employment with these employers. She alleges that, following her termination from U.S. Steel, she was offered her job back if she dropped a lawsuit. The complaint contains criticism of Former President Barack Obama, and a section implying the former president had a personal relationship with the Plaintiff:

I believe someone told him that his feelings for me were inappropriate to say the least. Barack Obama was not supposed to have a conversation about me in the dark. He made what could have been a great experience for my family; the President of the United States found favor in Marilyn Walton, he made it sordid.

(DE #1 at 8).

         She seems to be suggesting she also had some kind of relationship with Vice President Pence:

There was a woman that these powerful men were willing to pay for. The reasons varied. He wanted to prove that he was just as good as those big city fellows. Pence could have Dated this in a way that lines up with his world view. He didn't make it to the White House with ...

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