DECISION AND ORDER DISMISSING COMPLAINT (DKT. NO. 1) AND DENYING THE PLAINTIFF'S MOTION FOR LEAVE TO PROCEED WITHOUT PAYING THE FILING FEE (DKT. NO. 2)
PAMELA PEPPER, District Judge.
Plaintiff Mary Ann Nawrocki filed a complaint against Jon Sanfillippo, clerk of court at the United States District Court for the Eastern District of Wisconsin. Dkt. No. 1. The complaint alleges that Sanfilippo (whom the plaintiff appears to believe is a clerk for Judge J. P. Stadtmueller, one of the judges in the Eastern District) dismissed a case that she had filed.
The plaintiff indicates that she had five previous cases reviewed and dismissed by Judge Stadtmueller. (The plaintiff is correct: Judge Stadtmueller presided over
There is no relief that this court can provide to the plaintiff. The court has reviewed the case that the plaintiff had before Judge Stadtmueller in October 2016,
This court does not have the power to reverse Judge Stadtmueller's order dismissing the case, or to review the Social Security claim that he dismissed. Under 28 U.S.C. §1291, only the Seventh Circuit Court of Appeals has the authority to reverse a decision made by a district court judge such as Judge Stadtmueller. The docket in the case shows that the plaintiff did not appeal Judge Stadtmueller's order to the Seventh Circuit.
Jon Sanfilippo is not employed by Judge Stadtmueller. Jon Sanfilippo is the clerk of court for the Eastern District of Wisconsin; he is the administrator in charge of the clerk's office. He was not appointed by Judge Stadtmueller; he was appointed by all of the district court judges on the court. No single judge, including the undersigned, can fire Mr. Sanfilippo. He can be fired only if all of the district court judges agree that he should be fired.
Even taking the plaintiff's allegations about what happened on October 18, 2016 as true, Mr. Sanfilippo did not do anything that would cause the judges of the Eastern District to fire him. As the court indicated above, Mr. Sanfilippo did not dismiss the plaintiff's case. Assuming Mr. Sanfilippo told the plaintiff that she could not speak with Judge Stadtmueller, he was correct. Canon 3 of the Code of Conduct for United States Judges prohibits judges from having "ex parte" communications with parties. An "ex parte" communication happens when the judge talks to, or hears from, one party to the case without having the other party present. Assuming Mr. Sanfilippo told the plaintiff to put her request to speak to Judge Stadtmueller in writing, that was the appropriate thing for him to have done. If a party makes a request in writing, the clerk puts that request on the docket, and then all of the parties to the case can see it (avoiding an ex parte contact).
Finally, federal courts decide cases involving violations of federal laws, or cases between citizens of different states. The plaintiff and Mr. Sanfilippo are not citizens of different states, and none of the actions that the plaintiff alleges that Mr. Sanfilippo took violated either federal laws or the federal Constitution. If the allegations in a complaint have "no possibility of the court having authority to provide relief to the plaintiff," then the case does not belong in federal court.
The court notes that the plaintiff also filed a Non-Prisoner Request to Proceed in District Court Without Paying the Filing Fee. Dkt. No. 2. Because the court cannot allow the plaintiff to proceed in district court, the court will deny the plaintiff's request as moot.
The court further