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JONES v. HARRISON

United States District Court, N.D. Illinois, Eastern Division


August 5, 2004.

Versuslaw JONES, Plaintiff,
v.
MARIAM HARRISON, Defendant.

The opinion of the court was delivered by: JAMES MORAN, Senior District Judge

MEMORANDUM OPINION AND ORDER

Plaintiff Lois Jones brought suit against defendant Mariam Harrison alleging slander, conspiracy, and civil rights violations pursuant to 42 U.S.C. ยง 1983.*fn1 On May 13, 2004, the court denied plaintiff's petition to proceed in forma pauperis and, on May 27, 2004, denied her motion to reconsider that decision. On August 3, 2004, she filed a motion to vacate the order of May 13 which, for the following reasons, is denied.

Setting aside any procedural defects in plaintiff's motion, she fails to present any new arguments as to why the May 13 order should be vacated. In paragraph 4 of the motion, plaintiff claims that the denial of her petition was erroneous because she stopped receiving social security benefits on March 1, 2004. As noted in the order denying the motion to reconsider, the denial of her petition was based on the merits of her complaint, not her financial status. In paragraphs 8 and 9 of this motion, plaintiff claims that defendant is not protected by absolute immunity because she is not alleging wrongdoing on the bench, but rather is alleging wrongful acts by the defendant in her personal capacity. This contention is belied by the complaint itself. As noted in the two previous orders, all of the conduct alleged by plaintiff was "pertinent to pending litigation." See McCutcheon v. Moran, 425 N.E.2d 1130 (1981). Even reading plaintiff's complaint liberally and treating all of her allegations as true, the defendant is absolutely immune from all claims.

  CONCLUSION

  For the foregoing reasons, plaintiff's motion to vacate is denied.


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