The opinion
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
STACEY CLOVER, JUSTIN CLOVER and
ZACHARIAH KIMMEL
Plaintiffs,
Case No. 3:21-cv-01715-JPG
v.
BRADLEY GRIFFITH, BRET GENTRY,
CORTNEY GRIFFITH, JUDGE GOTT,
BENNY VICK, RONALD COLBURN,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff’s motion for leave to proceed in forma
pauperis (Doc. 3), dismissal of certain defendants, and the issue of service.
I. Motion for Leave to Proceed in Forma Pauperis
A federal court may permit an indigent party to proceed without pre-payment of fees. 28
U.S.C. § 1915(a)(1). Nevertheless, a court can deny a qualified plaintiff leave to file in forma
pauperis or can dismiss a case if the action is clearly frivolous or malicious or fails to state a
claim. 28 U.S.C. § 1915(e)(2)(B)(i) & (ii). The test for determining if an action is frivolous or
without merit is whether the plaintiff can make a rational argument on the law or facts in support
of the claim. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Corgain v. Miller, 708 F.2d 1241,
1247 (7th Cir. 1983). An action fails to state a claim if it does not plead “enough facts to state a
claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570
(2007). When assessing a petition to proceed in forma pauperis, a district court should inquire
into the merits of the plaintiff’s claims, and if the court finds them to be frivolous, it should deny
leave to proceed in forma pauperis. Lucien v. Roegner, 682 F.2d 625, 626 (7th Cir. 1982).
The Court is satisfied from Plaintiff Stacey Clover’s affidavit that he is indigent.
The Court further finds that the action is not clearly frivolous or malicious and does not fail to
state a claim. Accordingly, the Court GRANTS the motion for leave to proceed in forma
pauperis (Doc. 3).
The Court GRANTS Plaintiff Clover’s motion for leave to proceed in forma pauperis
(Doc. 3).
II. Dismissal of Certain Defendants
Leave of court is required before a plaintiff can add new parties to a case. Williams v.
United States Postal Serv., 873 F.2d 1069, 1073 n. 2 (7th Cir. 1989); Ed Miniat, Inc. v. Globe
Life Ins. Group, Inc., 805 F.2d 732, 736 (7th Cir. 1986); LaBatt v. Twomey, 513 F.2d 641, 651 n.
9 (7th Cir. 1975); see Fed. R. Civ. P. 21 (stating in pertinent part, “On motion or on its own, the
court may at any time, on just terms, add or drop a party.”). Plaintiffs Stacey Clover and
Zachariah Kimmel were originally named as Plaintiffs in the original Complaint filed in
December 2021. Plaintiffs now name Stacey Clover, Justin Clover, and Zachariah Kimmel.
Plaintiffs did not request leave of court before adding new parties to this case.
On December 20, 2021, Plaintiffs filed a pro se Complaint against Defendants Bradley
Griffith and Bret Gentry (Doc. 2). On February 23, 2022, Plaintiffs, upon request from the Court,
filed their Amended Complaint against Bradley Griffith, Cortney Griffith, Judge Amanda Gott,
Bret Gentry, Benny Vick, and Ronald Colburn (Doc. 13). Plaintiffs did not request leave of court
before adding new parties to this case.
Plaintiffs make allegations that Judge Amanda Gott of Williamson County violated their
civil rights related to conduct during court proceedings. However, judges are afforded absolute
immunity for decisions made in their courtroom regarding cases. “The courts have recognized
that certain functions deserve absolute immunity. Among the functions so protected are ‘truly
judicial acts’ performed by a judge within his lawful jurisdiction.” Wilson v. Kelkhoff, 86 F.3d
1438, 1443 (7th Cir. 1996). When the Court is faced with a “frivolous or transparently defective”
claim, it may sua sponte dismiss those claims to preserve the resources of the Court and the
parties. Hoskins v. Poelstra, 320 F.3d 761, 763 (7th Cir. 2003). Thus, at this stage, the Court
must dismiss Judge Amanda Gott and any allegations directed to her (Doc. 13, p. 2-3).
However, with the understanding that Plaintiffs are proceeding pro se, the Court will
allow the other defendants and plaintiffs pursuant to Federal Rule of Civil Procedure 20(A) and
(B). Additionally, “the court may at any time, on just terms, add or drop a party.” Fed. R. Civ. P.
21.
The Court is not allowing any claim against Judge Gott, she has not been added pursuant
to the Federal Rules, and the Court DIRECTS the Clerk to terminate her from this case.
III. Service of Process
The Court DIRECTS the Clerk of Court to send the Plaintiffs a sufficient number of
blank summons forms and USM-285 forms along with this order.
If the Plaintiffs wish the United States Marshals Service to serve process in this case, the
Court DIRECTS the Plaintiffs to provide to the United States Marshals Service the summons
issued in this case, the appropriately completed USM-285 forms and sufficient copies of the
amended complaint for service.
The Court further DIRECTS the United States Marshal, upon receipt of the
aforementioned documents from the Plaintiffs and pursuant to Federal Rule of Civil Procedure
4(c)(3), to serve a copy of summons, amended complaint (Doc. 13) and this order upon the
defendants in any manner consistent with Federal Rule of Civil Procedure 4, as directed by the
plaintiff. Costs of service shall be borne by the United States.
IV. Conclusion
The Court hereby:
• GRANTS Plaintiff Stacey Clover’s Motion for Leave to File in Forma Pauperis
(Doc. 3);
• DISMISSES Judge Amanda Gott and DIRECTS the Clerk of the Court to terminate
Judge Amanda Gott from this case;
• DIRECTS the Clerk of the Court to send Plaintiffs a sufficient number of blank
summon forms and USM-285 forms along with this order. Plaintiffs must provide
appropriately completed USM-285 forms, summons, and sufficient copies of the
complaint for service to the United States Marshal;
• DIRECTS the United States Marshal, upon receipt of the documents from Plaintiffs
to serve a copy of the summons, amended complaint (Doc. 13), and this order upon
defendants in a manner consistent with Federal Rule of Civil Procedure 4, as directed
by Plaintiffs.
IT IS SO ORDERED.
Dated: March 3, 2022
/s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE