Jones v. Formen et al
| Demetrious Jones |
| Ricky Formen, Justin Fuqua and Beverly Little |
| 3:2025cv03097 |
| April 22, 2025 |
| U.S. District Court for the Central District of Illinois |
| Michael M Mihm |
| 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 October 8, 2025. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Michael M. Mihm on 10/8/2025. Defendants filed Motions for Extension of Time #22 , #23 requesting an additional 30 days to file motions for summary judgment based on exhaustion. Defendants' Motions #22 , #23 are GRANTED. Defendants are directed to file their motions for summary judgment based on exhaustion by 11/5/2025. (VH)
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| Filing 23 MOTION for Extension of Time to File Motion for Summary Judgment Based on Exhaustion by Defendant. Littles. Responses due by 10/21/2025 (Galica, Natalia) |
| Filing 22 MOTION for Extension of Time to File Defendants' Motion for Summary Judgment Based on Exhaustion by Defendants Ricky Formen, Justin Fuqua. Responses due by 10/21/2025 (Wondolowski, Victoria) |
| Filing 21 Designation of Lead Counsel by Victoria K Wondolowski on behalf of Ricky Formen, Justin Fuqua. (Wondolowski, Victoria) |
| Filing 20 NOTICE of Appearance of Attorney by Victoria K Wondolowski on behalf of Ricky Formen, Justin Fuqua (Wondolowski, Victoria) |
| Filing 19 CERTIFICATE OF SERVICE OF DISCOVERY REQUESTS. (Galica, Natalia) |
| Filing 18 CERTIFICATE OF SERVICE OF SUBPOENAS. (Galica, Natalia) |
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Filing 17
SCHEDULING ORDER. Discovery due by 3/9/2026. Motions due by 4/8/2026. Entered by Judge Michael M. Mihm on 9/8/2025. See full written Order. (Attachments: #1 Consent Packet)(VH)
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| Filing 16 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Beverly Little.(Galica, Natalia) Modified on 9/4/2025 to correct name of filer (SAG). |
| Filing 15 NOTICE of Appearance of Attorney by Natalia Galica on behalf of. Littles(Mental Health Counselor) (Galica, Natalia) |
| Filing 14 NOTICE of Appearance of Attorney by Andrew M Ramage on behalf of. Littles(Mental Health Counselor) (Ramage, Andrew) |
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TEXT ORDER entered by Judge Michael M. Mihm on 8/20/2025. On 6/23/2025, Defendant Littles returned a signed Waiver of Service of Summons #10 . The deadline for filing an Answer to Plaintiff's Complaint was 8/1/2025, but nothing further was received. On 8/4/2025, the Court sua sponte extended the deadline for filing an Answer to 8/19/2025. The deadline has passed, and no Answer was filed. The Court will give Defendant Littles a final opportunity to file an Answer to Plaintiff's Complaint. Defendant Littles is ORDERED to file an Answer to Plaintiff's Complaint on or before 9/3/2025. The Clerk is directed to provide a copy of this Text Order to Defendant Littles at the address where she was served with a copy of the Waiver of Service of Summons. The Clerk is also directed to provide a copy of this Text Order to Attorney Ramage at the law firm of Brown, Hay & Stephens LLP.(VH)
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TEXT ORDER entered by Judge Michael M. Mihm on 8/4/2025. On 6/23/2025, Defendant Littles returned a waiver of service #10 . The deadline for filing an answer was 8/1/2025, but nothing further has been received. The Court will sua sponte extend the deadline for filing an answer to 8/19/2025. The Clerk is directed to provide a copy of this Order to Defendant Littles at the address where she was served with a copy of the waiver of service of summons. (VH)
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| Filing 13 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by. Fugua, Ricky Formen.(Patel, Kajal) |
| Filing 12 NOTICE of Appearance of Attorney by Kajal Patel on behalf of. Formen,. Fugua (Patel, Kajal) |
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TEXT ORDER entered by Judge Michael M. Mihm on 6/30/2025. On 6/24/2025, the Court ordered Plaintiff to file a Notice to provide additional information about "Defendant Rupkin." On 6/27/2025, Plaintiff filed a Motion to Dismiss #11 stating that he did not intend to name him as a Defendant in this case. Plaintiff's Motion #11 is GRANTED. Defendant Rupkin is dismissed without prejudice. The Clerk is directed to TERMINATE Defendant Rupkin. (JS)
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| Filing 11 MOTION to Dismiss Defendant by Plaintiff Demetrious Jones. Responses due by 7/11/2025. (BL) |
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TEXT ORDER entered by Judge Michael M. Mihm on 6/24/2025. On 6/2/2025, a Request for Waiver of Service of Summons was mailed to Western Illinois Correctional Center for Defendant Rupkin. (Doc. #8 at pp. 3-4). On 6/3/2025, Defendant Rupkin's Waiver was returned unexecuted. (d/e 6/3/2025). According to the Litigation Coordinator at Western Illinois Correctional Center, personnel records indicate that no one with Defendant's name has ever been employed at Western or with the facility's healthcare provider. Within 21 days of this Order, Plaintiff is DIRECTED to file a Notice with the Court to provide any additional information about "Defendant Rupkin," such as his position at Western, what shift he worked, his first name, and a physical description.(JS)
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| Filing 10 WAIVER OF SERVICE Returned Executed by Demetrious Jones.. Formen waiver sent on 6/2/2025, answer due 8/1/2025;. Fugua waiver sent on 6/2/2025, answer due 8/1/2025;. Littles(Mental Health Counselor) waiver sent on 6/2/2025, answer due 8/1/2025. (JS) |
| Prisoner Initial Partial Filing Fee received 6/20/2025, in the amount of $ 15.00; receipt number 200001978 (JMB) |
| Waiver of Service Returned Unexecuted as to. Rupkin, filed by Demetrious Jones. (JS) |
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Filing 9
HIPAA QUALIFIED PROTECTIVE ORDER. Entered by Judge Michael M. Mihm on 6/2/2025. (JS)
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| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to. Formen,. Rupkin,. Fugua,. Littles on 6/2/2025. (JS) |
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Filing 7
MERIT REVIEW ORDER entered by Judge Michael M. Mihm on 6/2/2025. IT IS THEREFORE ORDERED: According to the Court's merit review of Plaintiff's Complaint under 28 U.S.C. 1915A, this case shall proceed on (1) an Eighth Amendment failure-to-protect claim against Defendants Fugua, Rupkin, and Formen, and (2) an Eighth Amendment claim against Defendant Littles (Mental Health Counselor) based on her alleged deliberate indifference to Plaintiff's mental health needs. 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 Littles (Internal Affairs Officer/Lieutenant), Bright, Brittany P. Greene, Western Illinois Staff, Ford, Radecki, and Miller are DISMISSED WITHOUT PREJUDICE for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) and 1915A. The Clerk is directed to TERMINATE these Defendants. Plaintiff is given leave to file an Amended Complaint within 30 days of this Order. Plaintiff's Amended Complaint will replace his Complaint in its entirety and must contain all allegations against all Defendants. Piecemeal amendments are not accepted. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed to set an internal court deadline 60 days from the entry of this Order for the Court to check on the status of service and enter scheduling deadlines. See written Order.(JS)
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TEXT ORDER granting #5 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 $22.81. 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 6/27/2025. Entered by Judge Michael M. Mihm on 5/28/2025. (VH)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER by Demetrious Jones. (BL) |
| Filing 5 PETITION TO PROCEED IN FORMA PAUPERIS by Plaintiff Demetrious Jones. Responses due by 6/10/2025. (BL) Modified on 5/28/2025 to correct event type (VH). |
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TEXT ORDER entered by Judge Michael M. Mihm on 5/20/2025. On 4/22/2025, the Court ordered Plaintiff to pay the $405 filing fee or file a petition to proceed in forma pauperis by 5/13/2025. Plaintiff now files a Motion for Extension of Time to File Petition to Proceed in forma pauperis #4 requesting additional time to file his petition to proceed in forma pauperis because he is waiting for prison officials at Western Illinois Correctional Center to provide him with his trust fund ledgers. Plaintiff does not state how much additional time he needs. Under the circumstances, the Court finds that an additional 21 days is appropriate. Plaintiff's Motion #4 is GRANTED. Plaintiff must pay the $405 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months by 6/10/2025. Failure to do so will result in the dismissal of this case without prejudice. (VH)
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| Filing 4 MOTION for Extension of Time to File Petition to Proceed In Forma Pauperis. by Plaintiff Demetrious Jones. Responses due by 6/2/2025. (BL) |
| Filing 3 Remark: Blank IFP form pursuant to Text Order entered on 4/22/2025. (VH) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Michael Mihm. 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 5/12/2025. (Attachments: #1 Notice of Privacy)(VH) |
| Filing 1 COMPLAINT against All Defendants, filed by Demetrious Jones.(VH) |
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TEXT ORDER entered by Judge Michael M. Mihm on 4/22/2025. Plaintiff has filed a Complaint but has not paid the $405 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $405 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis.(VH)
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