Davis v. Affronti
| Frank Davis, Jr |
| Andrew Affrunti |
| 3:2025cv03191 |
| July 7, 2025 |
| U.S. District Court for the Central District of Illinois |
| Colleen R Lawless |
| Douglas J Quivey |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 Mail Returned as Undeliverable, re 11/18/2025 Text Order sent to Frank Davis, Jr. (SB) |
| Filing 18 RESPONSE to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Frank Davis, Jr. (Attachments: #1 envelope)(AWR) |
TEXT ORDER entered by Magistrate Judge Douglas J. Quivey on 11/18/2025: The Court's October 30, 2025 text order contained scriveners errors because it stated that Plaintiff's Motion for Summary Judgment was (Doc. #17 ) when it is actually (Doc. #16 ). The Clerk is directed to terminate Plaintiff's Motion for Summary Judgment. (Doc. #16 ). Because Plaintiff has filed a Response (Doc. #18 ) to Defendant's Motion to Dismiss (Doc. #14 ), nothing more is required of the parties at this time. (BL)
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| Filing 17 MOTION to Strike , Deny, or Otherwise Stay Proceedings by Defendant Andrew Affrunti. Responses due by 11/13/2025 (Fitch, Connor) |
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TEXT ORDER entered by Magistrate Judge Douglas J. Quivey on 10/30/25: Before the Court is Defendant's Rule 56(d) Motion to Deny, Strike, or Otherwise Stay Proceedings Regrading Plaintiff's Motion for Summary Judgment. Doc. #17 . On October 8, 2025, Defendant filed a Motion to Dismiss. Doc. #14 . Instead of responding to the Motion, on October 21, 2025, Plaintiff, pro se, filed a Motion for Summary Judgment. (Doc. 17). In the Motion for Summary Judgment, Plaintiff makes a one-page argument why he should win and also again attaches his Complaint. Defendant makes a number of arguments to not have to respond to the Motion for Summary Judgment primarily noting the fact that the Parties have not engaged in any discovery because the Motion to Dismiss is pending and Plaintiff's total lack of compliance with the local rules as it relates to filing motions for summary judgment. Local Rule 7.1(D). The Court agrees with Defendant but also notes Defendant has not attached an affidavit or declaration as required by Fed. R. Civ. P. 56(d). Specifically, the Court STRIKES Plaintiff's Motion for Summary Judgment, Doc. #17 , because it does not comply with local Rule 7.1(D). Plaintiff is given leave to re-file, and he should look at the Local Rules which are available on the Clerk of the Court's website before re-filing a motion for summary judgment. Also, before filing a new motion for summary judgment, Plaintiff should first consider filing a response to Defendant's pending Motion to Dismiss. Plaintiff's deadline to respond to the Motion to Dismiss was October 22, 2025. The Court will extend the deadline until November 18, 2025. If Plaintiff fails to file a response to the Motion to Dismiss on or before November 18, 2025, the Court will deem that Plaintiff has no objection to the motion. Local Rule 7.1(B)(2). See, Bonte v. U.S. Bank, N.A., 624 F.3d 461, 466 (7th Cir. 2010) (explaining that by failing to respond to a motion to dismiss, the plaintiff waived all arguments against dismissal).(AWR)
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| Filing 16 MOTION for Summary Judgment by Plaintiff Frank Davis, Jr. Responses due by 11/12/2025 (Attachments: #1 envelope)(AWR) |
| Filing 15 RULE 12(C) NOTICE entered re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (AWR) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Andrew Affrunti. Responses due by 10/22/2025 (Fitch, Connor) |
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TEXT ORDER entered by Magistrate Judge Douglas J. Quivey on 9/26/25: Before the Court is Defendant Affruntis Motion for Extension of Time to Respond to Plaintiff's Complaint. Doc. #12 . For the reasons stated, the Motion is GRANTED. Defendant Affrunti is given until October 8, 2025, to answer or otherwise respond to the Complaint. Plaintiff's motion for default judgment, Doc. #8 , is DENIED as moot because Defendant Affrunti has shown an intent to defend. See In re Clark, 2010 WL 2639842 at *3 (W.D. Wash. 2010). Defendant's Motion to Strike Doc. # 11, Doc. #13 , is GRANTED. The Motion for Extension to Complete Discovery, Doc. #11 , is stricken. The Clerk is directed to correct the spelling of Defendant Affrunti's name.(AWR)
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| Filing 13 MOTION to Strike #11 MOTION for Extension of Time to Complete Discovery by Defendant Andrew Affrunti. Responses due by 10/9/2025 (Ramage, Andrew) |
| Filing 12 MOTION for Extension of Time to File Answer or Otherwise Plead to Plaintiff's Complaint by Defendant Andrew Affrunti. Responses due by 10/9/2025 (Ramage, Andrew) |
| Filing 11 STRICKEN pursuant to 9/26/25 Text Order - MOTION for Extension of Time to Complete Discovery by Defendant Andrew Affrunti. Responses due by 10/8/2025 (Fitch, Connor) Modified on 9/26/2025 to strike (AWR). |
| Filing 10 NOTICE of Appearance of Attorney by Connor Fitch on behalf of Andrew Affrunti (Fitch, Connor) |
| Filing 9 NOTICE of Appearance of Attorney by Andrew M Ramage on behalf of Andrew Affrunti (Ramage, Andrew) |
| Filing 8 MOTION for Default Judgment by Plaintiff Frank Davis, Jr. Responses due by 9/29/2025 (Attachments: #1 envelope)(AWR) |
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TEXT ORDER entered by Magistrate Judge Douglas J. Quivey on 9/11/25: On July 7, 2025, pro se Plaintiff Frank Davis, Jr. filed a Complaint against Montgomery County States Attorney Andrew Affrunti alleging false arrest and malicious prosecution. (Doc. #1 ). On July 9, 2025, the Court allowed Plaintiff to proceed in forma pauperis and directed the United States Marshal to serve a copy of the complaint and summons on States Attorney Affrunti. On August 6, 2025, the summons was returned showing that service was made upon Gayle Woods at the Montgomery County States Attorneys Office, 120 N. Main Street, Hillsboro, Illinois. It would appear that service was proper. Fed. R. Civ. P. 5(b)(2)(B)(i). Pursuant to Fed. R. Civ. P. 12(a)(1)(A)(i), a defendant must serve an answer within 21 days after being served. Before the Court directs the pro se Plaintiff to move for an entry of default, the Court will give Defendant fourteen (14) additional days until September 25, 2025, to answer or otherwise plead. The Court directs the Clerk to mail a copy of this order to States Attorney Andrew Affrunti, 120 N. Main Street, Hillsboro, IL 62049. (BL)
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| Filing 7 SUMMONS Returned Executed by Frank Davis, Jr. Andrew Affronti served on 8/6/2025, answer due 8/27/2025. (AWR) |
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Filing 6
ORDER entered by Magistrate Judge Douglas J Quivey on 7/10/25. Davis' Motion to Request Counsel, #3 , is DENIED. See Full Written Order. (AWR) Modified on 7/10/2025 to correct Judge (AWR).
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| Filing 5 Summons Issued as to Andrew Affronti and forwarded to USM to effect service. (AWR) |
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Filing 4
ORDER entered by Magistrate Judge Douglas J Quivey on 7/8/25. Plaintiff's Application states that he has no money in any bank and does not own real estate or an automobile. (Doc. 2). The Court finds that Plaintiff has shown that he is unable to pay the $402 filing fee in this case. Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit, #2 , is GRANTED.The United States Marshal shall serve a copy of the complaint, summons, and order granting leave to proceed in forma pauperis upon the defendants as directed by the plaintiff. All costs of service shall be advanced by the United States. See Full Written Order. (AWR)
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| Filing 3 MOTION to Request Counsel by Plaintiff Frank Davis, Jr. Responses due by 7/21/2025 (FDS) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Frank Davis, Jr. Responses due by 7/21/2025 (FDS) |
| Filing 1 COMPLAINT against Andrew Affronti filed by Frank Davis, Jr. (Attachments: #1 Summons and USM 285)(FDS) |
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| Plaintiff: Frank Davis, Jr | |
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| Defendant: Andrew Affrunti | |
| Represented By: | Connor Fitch |
| Represented By: | Andrew M Ramage |
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