Moore v. Krominga et al
| Devon Moore |
| Andrew Krominga, Jane/John 1-4 Doe, Mindi Nurse, Margaret Baumgardner and Jennifer Pelletier |
| 1:2025cv01495 |
| December 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 |
| Both |
Docket Report
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This docket was last retrieved on June 5, 2026. A more recent docket listing may be available from PACER.
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| Filing 27 Remark: Discovery received this date from Plaintiff will not be filed. See Local Rule 26.3 attached. (RES) |
| Filing 26 CERTIFICATE OF SERVICE by Devon Moore (RES) |
Filing 25
TEXT ORDER entered by District Judge Jonathan E Hawley on 5/21/2026. Plaintiff filed a renewed Motion to Request Counsel #24 asking the Court to appoint an attorney to represent him. "There is no right to court-appointed counsel in federal civil litigation." Olson v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014). When evaluating a Motion to Request Counsel, the Court must consider: "(1) has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt v. Mote, 503 F.3d 647, 655 (7th Cir. 2007). "When evaluating a plaintiff's competence, district courts should normally consider the plaintiff's literacy, communication skills, education level, and litigation experience." Bracey v. Grondin, 712 F.3d 1012, 1018 n.3 (7th Cir. 2013) (citing Pruitt, 503 F.3d at 655). The inquiry is individualized, taking all the relevant facts into consideration, including the stage of the litigation. Navejar v. Igiola, 718 F.3d 692, 696 (7th Cir. 2013). The Court may also consider "the perceived merits of or likelihood of success on an indigent plaintiff's claims in its decision whether to allocate scarce pro bono counsel resources to the case before it." Watts v. Kidman, 42 F.4th 755, 764 (7th Cir. 2022). The Court previously found Plaintiff made a reasonable attempt to find an attorney. (Doc. #11 at p. 5). Plaintiff states he has a ninth-grade education and needs an attorney to assist with discovery, depositions, and trial. Plaintiff is proceeding on (1) an Eighth Amendment excessive force claim against Defendant Krominga, and (2) an Eighth Amendment deliberate indifference claim against Defendants Krominga, Baumgardner, Pelleter, and the John/Jane Doe Lieutenants. Defendant Nurse was named as a Defendant, in her official capacity as the Warden of Pontiac Correctional Center, to assist Plaintiff with identifying the Doe Defendants. Plaintiff's claim is not complex and involves issues of which Plaintiff has direct, personal knowledge. Thus far, Plaintiff's pleadings have been coherent and supported by accompanying exhibits. Discovery closes on 11/18/2026, and dispositive motions are due on 12/18/2026. The Court finds Plaintiff appears competent to litigate the case himself, especially at this early stage in the litigation process. Plaintiff's Motion #24 is DENIED. (KE)
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| Filing 24 MOTION to Request Counsel by Plaintiff Devon Moore. Responses due by 6/3/2026 (MSH) |
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Filing 23
SCHEDULING ORDER. Discovery due by 11/18/2026. Motions due by 12/18/2026. Entered by District Judge Jonathan E Hawley on 5/18/2026. See full written Order. (Attachments: #1 Consent Packet)(VH)
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| Filing 22 Remark: Docket sheet attached for Plaintiff Devon Moore regarding #19 Letter. (RES) |
| Filing 21 ANSWER to #10 Amended Complaint by Margaret Baumgardner, Andrew Krominga, Mindi Nurse, Jennifer Pelletier.(Ferguson, Jacob) |
| Filing 20 NOTICE of Appearance of Attorney by Jacob Ferguson on behalf of Mindi Nurse (Ferguson, Jacob) |
| Filing 19 Letter from Devon Moore (RES) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Devon Moore. Mindi Nurse waiver sent on 3/17/2026, answer due 5/18/2026. (VH) |
| Filing 17 SECOND REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Mindi Nurse on 4/21/2026. (VH) |
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Filing 16
TEXT ORDER entered by District Judge Jonathan E Hawley on 4/21/2026. On March 17, 2026, a Waiver of Service of Summons was mailed to Defendant Mindi Nurse. (Doc. #13 ). It has been over 30 days, and Defendant Nurse has not returned an executed Waiver of Service of Summons. The Clerk is directed to mail a second Notice of Lawsuit and Request for Waiver of Summons and a Waiver of Service of Summons to Defendant Nurse. If the second Waiver of Service of Summons is not returned within 30 days, the Court will order service upon Defendant Nurse by the U.S. Marshal and will impose upon Defendant the expenses incurred in making service and the reasonable expenses of any motion required to collect those service expenses if Defendant does not show good cause for failing to sign and return the Waiver of Service of Summons requested by Plaintiff. See Fed. R. Civ. P. 4(d)(2)(A)-(B). (VH)
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| Filing 15 NOTICE of Appearance of Attorney by Jacob Ferguson on behalf of. Pelleter, Margaret Baumgardner, Andrew Krominga (Ferguson, Jacob) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Devon Moore.. Pelleter waiver sent on 3/17/2026, answer due 5/18/2026; Margaret Baumgardner waiver sent on 3/17/2026, answer due 5/18/2026; Andrew Krominga waiver sent on 3/17/2026, answer due 5/18/2026. (RES) |
| Filing 13 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Andrew Krominga, Baumgardner, Pelleter and Mindi Nurse on 3/17/2026. (Attachments: #1 Baumgardner-Waiver, #2 Pelleter-Waiver, #3 Nurse-Waiver)(VH) |
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Filing 12
HIPAA QUALIFIED PROTECTIVE ORDER. Entered by District Judge Jonathan E Hawley on 3/17/2026. (VH)
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Filing 11
MERIT REVIEW ORDER entered by District Judge Jonathan E Hawley on 3/17/2026. IT IS THEREFORE ORDERED: 1) According to the Court's Merit Review of Plaintiff's Amended Complaint under 28 U.S.C. Sec. 1915A, Plaintiff alleged sufficient facts to proceed on (1) an Eighth Amendment excessive force claim against Defendant Krominga, and (2) an Eighth Amendment deliberate indifference claim against Defendants Krominga, Baumgardner, Pelleter, and the John/Jane Doe Lieutenants. 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. 2) Mindi Nurse will remain a Defendant in her official capacity to assist Plaintiff with identifying the John/Jane Doe Lieutenants. 3) Defendant Tyler Ledbetter is 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 Defendant Ledbetter. 4) Plaintiff's Motion to Request Counsel #5 is DENIED. 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 10 AMENDED COMPLAINT against All Defendants, filed by Devon Moore. (Attachments: #1 Exhibits)(VH) |
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TEXT ORDER entered by District Judge Jonathan E Hawley on 3/2/2026. Plaintiff's Motion for Leave to File Amended Complaint #9 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 9 MOTION for Leave to File Amended Complaint by Plaintiff Devon Moore. Responses due by 3/13/2026 (Attachments: #1 Amended Complaint)(RES) |
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TEXT ORDER entered by District Judge Jonathan E Hawley on 2/24/2026. Plaintiff filed a Complaint and, prior to it undergoing merit review, now files a Motion for Leave to File Amended Complaint #8 . Under Local Rule 7.1(F), Plaintiff was required to attach his proposed Amended Complaint as an exhibit to his Motion, but he did not do so. Therefore, Plaintiff's Motion #8 is DENIED, with leave to renew within 30 days. If Plaintiff does not file a renewed Motion for Leave to File Amended Complaint and attach his proposed Amended Complaint as an exhibit within 30 days of this Order, the Court will conduct a merit review of his initial Complaint. (VH)
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| Filing 8 MOTION for Leave to File Amended Complaint by Plaintiff Devon Moore. Responses due by 3/9/2026 (JMB) |
| Prisoner Initial Partial Filing Fee received 1/20/26, in the amount of $ 1.56; receipt number PIA 100008299 (JA) |
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TEXT ORDER entered by District Judge Jonathan E Hawley on 1/13/2026. Plaintiff filed a Motion #7 (in letter form) requesting the status of his case. Plaintiff's Motion #7 is GRANTED. Plaintiff filed a Complaint #1 , Petition to Proceed in forma pauperis #3 , and a Motion to Request Counsel #5 on 12/11/2025. The Court has not entered a Merit Review Order or ruled on Plaintiff's Motion to Request Counsel yet. The Court granted Plaintiff's Petition to Proceed in forma pauperis on 12/11/2025. The Clerk received Plaintiff's Notice of Change of Address #6 on 12/29/2025 and updated his address on the docket sheet. (VH)
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| Filing 7 MOTION (in letter form) regarding case documents by Plaintiff Devon Moore. Responses due by 1/26/2026 (RES) |
| Filing 6 NOTICE of Change of Address by Devon Moore (RES) |
| Filing 5 MOTION to Request Counsel by Plaintiff Devon Moore. Responses due by 12/26/2025 (VH) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Devon Moore. (VH) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Devon Moore.(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 12/31/2025. (Attachments: #1 Notice Regarding Privacy)(VH) |
| Filing 1 COMPLAINT against All Defendants, filed by Devon Moore. (Attachments: #1 Exhibits)(VH) |
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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 $32.83. 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 1/12/2026. Entered by District Judge Jonathan E Hawley on 12/11/2025. (VH)
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