United States District Court, N.D. Illinois, Eastern Division
September 16, 2004.
Versuslaw JONES, Plaintiff,
MARIAM HARRISON, Defendant.
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
Plaintiff Lois Jones has filed yet another motion requesting
the court vacate its order denying her petition to proceed in
forma pauperis against defendant Cook County Probate Judge
Mariam Harrison for civil rights violations, slander and
conspiracy. Plaintiff has fashioned the filing a "Motion to
Vacate UNDER RULE 2-1401 Order entered on May 13, 2004." This
motion follows a prior motion to reconsider and motion to vacate,
both of which we denied. We assume plaintiff's reference to "Rule
2-1401" invokes the Illinois statute on relief from judgments,
735 ILCS 5/2-1401. Though that statute has no bearing, we set
aside the procedural defects in plaintiff's motion (as we did in
our previous memorandum opinion and order) and deny it on
substantive grounds. Plaintiff has not presented any new
arguments to support vacation of our ruling.*fn1
As we explained in our Memorandum Opinion and Orders dated May
13, 2004; May 27, 2004; and August 6, 2004, even if plaintiff's
allegations are accepted as true, Judge Harrison is immune from liability for conversations with guardian
ad litem Ellen Douglas, if not because they were performed
within her jurisdiction and in a judicial capacity, see
Alexander v. Reid, 2003 WL 1733648 at *2 (N.D.Ill. 2003);
Offutt v. Kaplan, 884 F.Supp. 1179 (N.D. Ill. 1995), then
because they were made to a guardian ad litem, an arm of the
court, "preliminary to judicial or quasi-judicial proceedings."
Parrillo, Weiss & Moss v. Cahion, 181 Ill. App. 3d 920, 928,
537 N.E.2d 851 (1989).
For the foregoing reasons, plaintiff's motion to vacate is