Brady v. Kirk et al
| Alexander Brady |
| Mark Wells, Aaron Hoffman and Mike Kirk |
| 1:2025cv01329 |
| August 11, 2025 |
| U.S. District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
This docket was last retrieved on March 13, 2026. A more recent docket listing may be available from PACER.
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| Set/Reset Deadlines: Miscellaneous Deadline 2/16/2026 set per Kirk Waiver of Service Answer deadline. (KLC) |
TEXT ORDER entered by District Judge Jonathan E Hawley on 1/26/2026. Defendants Kirk, Wells, and Hoffman filed a Motion for Extension of Time to File Responsive Pleadings #23 requesting an additional 30 days to file an answer or responsive pleading to Plaintiff's Amended Complaint. Defendants also state that Defendant Mike Kirk was incorrectly sued as Matt Kirk. Defendants' Motion #23 is GRANTED. Defendants are directed to file their answer or responsive pleading by 3/18/2026. The Clerk is directed to correct Defendant Kirk's name on the docket by changing "Matt" Kirk to "Mike" Kirk. (VH)
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| Filing 23 MOTION for Extension of Time to File Response/Reply by Defendants Aaron Hoffman, Matt Kirk, Mark Wells. Responses due by 2/6/2026 (Krumdick, Eric) |
| Filing 22 NOTICE of Appearance of Attorney by Eric A Krumdick on behalf of Aaron Hoffman, Matt Kirk, Mark Wells (Krumdick, Eric) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Matt Kirk. (Krumdick, Eric) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Mark Wells. (Krumdick, Eric) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Aaron Hoffman. (Krumdick, Eric) |
TEXT ORDER entered by District Judge Jonathan E Hawley on 1/21/2026. Plaintiff filed a Motion to Amend/Correct Defendant's Name #17 stating he learned Defendant Matt Kirk's first name is Mike. Plaintiff asks the Court to issue a new waiver of service of summons to Mike Kirk. Defendant Kirk returned his waiver of service of summons on 1/15/2026. (Doc. 16 at p. 1). Defendant Kirk's answer is due on 2/17/2026. When Defendant Kirk files his answer, the Clerk will correct his name on the docket. Plaintiff's Motion #17 is MOOT. Plaintiff also filed a Motion for Injunctive Relief and/or Restraining Order #18 alleging staff members at the Tazewell County Jail are retaliating against him for filing this lawsuit. Plaintiff asks the Court to enter an order requiring all disciplinary decisions to be made by a neutral party, to be restored to his minimum-security classification and returned to the "C" pod, to be restored to pod worker status and compensated $2.00 per day for lost wages, and to prohibit Defendants from making decisions about his confinement. The Court does not have authority to grant the relief Plaintiff seeks. Plaintiff's Motion #18 is DENIED. (VH)
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| Filing 18 MOTION for Injunctive Relief and/or Restraining Order by Plaintiff Alexander Brady. Responses due by 2/3/2026. (KLC) |
| Filing 17 MOTION to Amend/Correct Defendant's Name by Plaintiff Alexander Brady. Responses due by 2/3/2026. (KLC) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Alexander Brady. Aaron Hoffman waiver sent on 12/18/2025, answer due 2/17/2026; Matt Kirk waiver sent on 12/18/2025, answer due 2/17/2026; Mark Wells waiver sent on 12/18/2025, answer due 2/17/2026. (Attachments: #1 Mark Wells Waiver Executed, #2 Aaron Hoffman Waiver Executed)(VH) |
| Filing 15 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Matt Kirk, Mark Wells, Aaron Hoffman on 12/18/2025. (Attachments: #1 Wells Waiver, #2 Hoffman Waiver)(VH) |
Filing 14
HIPAA QUALIFIED PROTECTIVE ORDER. Entered by District Judge Jonathan E Hawley on 12/18/2025. (VH)
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Filing 13
MERIT REVIEW ORDER enntered by District Judge Jonathan E Hawley on 12/18/2025. IT IS THEREFORE ORDERED: According to the Court's Merit Review of Plaintiff's Amended Complaint under 28 U.S.C. Sec. 1915A, the Court finds Plaintiff has stated a Fourteenth Amendment conditions-of-confinement claim against Defendants Kirk, Wells, and Hoffman based on their alleged denial or disregard of his complaints about the undercooked, inedible food he was served between June 30, 2025 and December 3, 2025. Additional claims shall not be included in the case above, except in the Court's discretion on motion by a party for good cause shown under Federal Rule of Civil Procedure 15. Defendants Jeffrey Lower, Mike Harper, Dave Harper, Trent Struck, Justin Bauer, Barb, the Tazewell County Sheriffs Office, and Trinity Services Group, Inc. are DISMISSED WITHOUT PREJUDICE for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and Sec. 1915A. The Clerk is directed to TERMINATE Defendants Jeffrey Lower, Mike Harper, Dave Harper, Trent Strunk, and Justin Bauer. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. See full written Order.(VH)
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| Filing 12 AMENDED COMPLAINT against All Defendants, filed by Alexander Brady.(VH) |
TEXT ORDER entered by District Judge Jonathan E Hawley on 12/11/2025. Plaintiff's Motion for Leave to File Amended Complaint #10 is GRANTED. The Clerk is directed to file the Amended Complaint and set the merit review deadline 30 days out. (VH)
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| Filing 11 MOTION to Request Counsel by Plaintiff Alexander Brady. Responses due by 12/24/2025. (KLC) |
| Filing 10 MOTION for Leave to File Amended Complaint by Plaintiff Alexander Brady. Responses due by 12/24/2025. (KLC) |
TEXT ORDER entered by District Judge Jonathan E Hawley on 10/29/2025. Plaintiff's Motion for Extension of Time #9 requesting an additional 30 days to file an Amended Complaint is GRANTED. Plaintiff is directed to file an Amended Complaint by 12/8/2025. Plaintiff's Amended Complaint will replace Plaintiff's original Complaint in its entirety. The Amended Complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. If Plaintiff fails to file a timely Amended Complaint, or if the Amended Complaint fails to state a claim, this matter will be dismissed with prejudice. (KE)
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| Filing 9 MOTION for Extension of Time to File Amended Complaint by Plaintiff Alexander Brady. Responses due by 11/12/2025 (JMB) |
TEXT ORDER entered by District Judge Jonathan E Hawley on 10/20/2025. Plaintiff filed a Motion for Status #8 requesting the status of his Complaint and motions he filed on 8/11/2025. Plaintiff's Motion #8 is GRANTED. On 8/27/2025, the Court granted Plaintiff's Petition to Proceed in forma pauperis. On 10/7/2025, the Court dismissed Plaintiff's Complaint without prejudice as a violation of Federal Rules of Civil Procedure 18 and 20 and gave Plaintiff 30 days, or until 11/6/2025, to file an Amended Complaint. (See Merit Review Order, Doc. #7 ). The Court denied Plaintiff's Motion to Request Counsel because Plaintiff did not demonstrate he made a reasonable attempt to obtain counsel or was effectively precluded from doing so. Id. (VH)
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| Filing 8 MOTION for Status re #1 Complaint by Plaintiff Alexander Brady. Responses due by 10/31/2025. (KLC) |
Filing 7
MERIT REVIEW ORDER entered by District Judge Jonathan E Hawley on 10/7/2025. IT IS THEREFORE ORDERED: 1) According to the Court's merit review under 28 U.S.C. Section 1915A, Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE as a violation of Federal Rules of Civil Procedure 18 and 20. Plaintiff shall have 30 days from the entry of this Order to file an Amended Complaint. Plaintiff's Amended Complaint will replace Plaintiff's original Complaint in its entirety. The Amended Complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. If Plaintiff fails to file a timely Amended Complaint, or if the Amended Complaint fails to state a claim, this matter will be dismissed with prejudice. 2) Plaintiff's Motion to Request Counsel #4 is DENIED. 3) Plaintiff shall immediately inform the Court, in writing, of any change in his mailing address and, if released from detention, Plaintiff's phone number. Failure to do so will result in dismissal of this case, with prejudice. See full written Order. (VH)
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| Prisoner Initial Partial Filing Fee received 9/8/2025, in the amount of $ 20.20; receipt number PIA 100007460 (DW) |
TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $20.20. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court within 30 days of this order. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff shall make monthly payments of 20 percent of the preceding month's income credited to Plaintiff's account to the Clerk of Court. Income includes all deposits from any source, including gifts. The agency having custody of the plaintiff shall forward these payments each time Plaintiff's account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff's place of confinement, to the attention of the Trust Fund Office, and to Plaintiff. Prisoner Prepayment due by 9/26/2025. Entered by District Judge Jonathan E Hawley on 8/27/2025. (VH)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER (KLC) |
| Filing 5 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 8/26/2025. (VH) |
| Filing 4 MOTION to Request Counsel by Plaintiff Alexander Brady. Responses due by 8/25/2025 (VH) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Alexander Brady.(VH) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Jonathan E Hawley. Effective immediately, all documents should be mailed or scanned to the Peoria Division, 100 NE Monroe Street, Peoria, IL 61602. Merit Review Deadline set for 9/2/2025. (Attachments: #1 Notice Regarding Privacy)(VH) |
| Filing 1 COMPLAINT against All Defendants, filed by Alexander Brady.(VH) |
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TEXT ORDER entered by District Judge Jonathan E Hawley on 1/26/2026. Defendants Kirk, Wells, and Hoffman filed a Motion for Extension of Time to File Responsive Pleadings #23 requesting an additional 30 days to file an answer or responsive pleading to Plaintiff's Amended Complaint. Defendants also state that Defendant Mike Kirk was incorrectly sued as Matt Kirk. Defendants' Motion #23 is GRANTED. Defendants are directed to file their answer or responsive pleading by 3/18/2026. The Clerk is directed to correct Defendant Kirk's name on the docket by changing "Matt" Kirk to "Mike" Kirk. (VH)