Price v. Manton
| Larry Price |
| Adam Manton |
| 3:2025cv03134 |
| May 14, 2025 |
| U.S. District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
Docket Report
This docket was last retrieved on October 31, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER entered by District Judge Jonathan E Hawley on 10/31/2025. Plaintiff filed a Motion to Request Counsel #16 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 ofor likelihood of success onan 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 secure counsel on his own. Plaintiff states he has no litigation experience and limited access to the law library due to frequent lockdowns at Western Illinois Correctional Center. Thus far, Plaintiff's pleadings have been well written. There is no indication that Plaintiff has any physical or psychological condition that might impair his ability to litigate this case himself. The Court entered a Scheduling Order #13 providing information about the discovery process. Discovery closes on 3/24/2026, and dispositive motions are due on 4/24/2026. The Court finds Plaintiff appears competent to litigate this case himself, especially at this early stage of the litigation process. Plaintiff's Motion #16 is DENIED. (VH)
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| Filing 16 MOTION to Request Counsel by Plaintiff Larry Price. Responses due by 11/13/2025. (BMG) |
TEXT ORDER entered by District Judge Jonathan E Hawley on 10/28/2025. Defendant filed a Motion for Extension of Time #15 requesting additional time to conduct exhaustion-related discovery and to file a motion for summary judgment regarding exhaustion of administrative remedies. Based on the reasons stated in the Motion, Defendant's Motion #15 is GRANTED. Defendant is directed to file a motion for summary judgment on exhaustion, if appropriate, on or before 12/1/2025, as Defendant's requested deadline of 11/27/2025 is a federal holiday. (VH)
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| Filing 15 MOTION for Extension of Time to Complete Discovery by Defendant Adam Manton. Responses due by 11/10/2025 (Grund-Wickramasekera, Samantha) |
| Filing 14 NOTICE of Appearance of Attorney by Samantha Maja Grund-Wickramasekera on behalf of Adam Manton (Grund-Wickramasekera, Samantha) |
Filing 13
SCHEDULING ORDER. Discovery due by 3/24/2026. Motions due by 4/24/2026. Entered by District Judge Jonathan E Hawley on 9/24/2025. See full written Order. (Attachments: #1 Consent Packet)(VH)
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| Filing 12 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Adam Manton.(Pietryla, Thomas) |
| Filing 11 NOTICE of Appearance of Attorney by Thomas Daniel Pietryla on behalf of. Manton (Pietryla, Thomas) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Larry Price.. Manton waiver sent on 7/21/2025, answer due 9/19/2025. (VH) |
| Filing 9 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to. Manton on 7/21/2025. (VH) |
Filing 8
HIPAA QUALIFIED PROTECTIVE ORDER entered by District Judge Jonathan E Hawley on 7/31/2025. (VH)
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Filing 7
MERIT REVIEW ORDER entered by District Judge Jonathan E Hawley on 7/21/2025. IT IS THEREFORE ORDERED:1) According to the Court's merit review of Plaintiff's Complaint under Section 1915A, this case shall proceed an Eighth Amendment claim against Defendant Manton based on his alleged deliberate indifference to Plaintiff's serious medical needs on July 13, 2023. 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) Defendants Eric Wohlfeil, Jeremy Bonnett, and LaToya Hughes are DISMISSED WITHOUT PREJUDICE for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and Section 1915A. The Clerk is directed to TERMINATE them as parties. 3) Plaintiff's Motion to Request Counsel #4 is DENIED. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. See written Order.(VH)
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| Prisoner Initial Partial Filing Fee received 6/20/2025, in the amount of $ 10.00; receipt number 200001978 (JMB) |
TEXT ORDER entered by District Judge Jonathan E Hawley on 6/2/2025 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 $35.70. 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 7/2/2025 (JS)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER by Larry Price (JA) |
| Filing 5 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 5/29/2025. (SAG) |
| Filing 4 MOTION to Request Counsel by Plaintiff Larry Price. Responses due by 5/28/2025 (SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Larry Price.(SAG) |
| 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 6/3/2025. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by Larry Price.(SAG) |
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| Plaintiff: Larry Price | |
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| Defendant: Adam Manton | |
| Represented By: | Thomas Daniel Pietryla |
| Represented By: | Samantha Maja Grund-Wickramasekera |
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TEXT ORDER entered by District Judge Jonathan E Hawley on 10/31/2025. Plaintiff filed a Motion to Request Counsel #16 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 ofor likelihood of success onan 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 secure counsel on his own. Plaintiff states he has no litigation experience and limited access to the law library due to frequent lockdowns at Western Illinois Correctional Center. Thus far, Plaintiff's pleadings have been well written. There is no indication that Plaintiff has any physical or psychological condition that might impair his ability to litigate this case himself. The Court entered a Scheduling Order #13 providing information about the discovery process. Discovery closes on 3/24/2026, and dispositive motions are due on 4/24/2026. The Court finds Plaintiff appears competent to litigate this case himself, especially at this early stage of the litigation process. Plaintiff's Motion #16 is DENIED. (VH)