Opinion

Mays

Court
District Court, S.D. Illinois
Filed
Apr 27, 2026
Cited by
0 cases
Authority
More cited than 40.6%

The opinion

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

PATRICK L. MAYS,

Plaintiff,

v.

MADISON COUNTY CATHOLIC CHARITIES Case No. 26-cv-00363-JPG

DIOCESE OF SPRINGFIELD IN ILLINOIS,

DENISE BURTON, and

SHERYLL KELLUM,

Defendants.

MEMORANDUM AND ORDER

This case is before the Court on Plaintiff Patrick Mays’s Motion for Leave to Proceed in

Forma Pauperis (Doc. 5). 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. Id. § 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 Atl. Corp. v. Twombly, 550 U.S.

544, 570 (2007). When assessing a motion 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’s affidavit that he is indigent. However, it finds that

he fails to state a claim within this Court’s subject matter jurisdiction. This Court has subject

matter jurisdiction over cases that arise under federal law, 28 U.S.C. § 1331, and cases where the

parties are completely diverse and where more than $75,000, exclusive of interests and costs, is

in issue, 28 U.S.C. § 1332(a).

In the complaint, Plaintiff asserts that his claims arise under four federal laws: (1) the

Sherman Antitrust Act; (2) the FOIA Improvement Act of 2016; (3) the Economic Espionage

Act of 1996;1 and (4) the First Amendment. To support his claims, he alleges that, on July 26,

2024, Defendant Denise Burton (“Burton”) provided him with a final disciplinary written notice

signed by his direct supervisor Defendant Sheryll Kellum (“Kellum”). The final notice explained

that he demonstrated poor job performance and does not meet the expectations of the job. He

contends that, although the written notice designates Kellum and Burton as the supervisors

providing feedback, Burton did not sign the document until a later date and/or timeframe. He

states that, because of these actions, he suffered lost wages and is entitled to exemplary damages.

These allegations are not sufficient to state a claim under any of the federal laws that Plaintiff

has cited. In addition, they fail to state a claim under any federal employment statute. As such,

Plaintiff has not stated a claim within the Court’s federal question jurisdiction.

He also fails to state claim within the Court’s original diversity jurisdiction. Although

Plaintiff alleges that his claims arise under three Illinois statutes, his complaint establishes that

neither complete diversity nor the amount in controversy requirement is met. All parties are

citizens of Illinois, and Plaintiff seeks only $70,000 in damages.

1 As enacted, the Economic Espionage Act of 1996 was a purely criminal statute. It was amended in 2016 to create a

private right of action, but Plaintiff cites to the original version. It imposes a fine of up to $500,000 and

imprisonment of up to 15 years for the misappropriation of trade secrets.

2

The Court is satisfied that Plaintiff is indigent, but it finds that he fails to state a claim

within its subject matter jurisdiction. Therefore, the Court RESERVES RULING on the Motion

for Leave to Proceed in Forma Pauperis (Doc. 5) and DISMISSES the Complaint (Doc. 3)

without prejudice. Plaintiff shall have up to and including May 27, 2026, to file an amended

complaint. Failure to file an amended complaint in a timely manner will result in dismissal of

this action for lack of subject matter jurisdiction. The Court DIRECTS the Clerk of Court to send

Plaintiff both a blank employment discrimination complaint and a blank complaint for a civil

case along with this order.

GAL, loud

IT IS SO ORDERED.

DATED: April 27, 2026

J. PHIL GILBERT

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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