Davis v. Greene et al
| Marquis Davis |
| Brittany Greene, Jonathan Richmiller, Jon Wessell and David Gasko |
| 3:2025cv03292 |
| September 25, 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
RSS Track this Docket
This docket was last retrieved on April 30, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 27 Remark: Docket Sheet pursuant to Text Order entered on 3/5/2026. (VH) |
| Filing 26 MOTION for Status filed by Plaintiff Marquis Davis. Responses due by 3/19/2026. (AEJ) |
TEXT ORDER entered by District Judge Jonathan E Hawley on 3/5/2026. Plaintiff filed a Motion for Status #26 requesting the status of this case. Plaintiff states he has been "filing documentation" and not receiving a receipt or reply of acknowledgement. Plaintiff does not indicate what "documentation" he filed. Plaintiff's Motion #26 is GRANTED, to the extent the Court will provide the status of this case. The Court entered a Scheduling Order #23 on 2/25/2026. The Court received Plaintiff's Notice of Change of Address #25 on 3/3/2026 indicating that he was transferred to Danville Correctional Center. The Clerk is directed to send Plaintiff a copy of the docket sheet. (VH)
|
| Filing 25 NOTICE of Change of Address by Marquis Davis. (SB) |
| Filing 24 NOTICE of Change of Address by Marquis Davis. (SB) |
|
Filing 23
SCHEDULING ORDER. Discovery due by 8/25/2026. Motions due by 9/25/2026. Entered by District Judge Jonathan E Hawley on 2/25/2026. See full written Order. (Attachments: #1 Consent Packet)(VH)
|
| Filing 22 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by. Wessell.(Gunnala, Inderjeet) |
| Filing 21 NOTICE of Appearance of Attorney by Inderjeet Gunnala on behalf of. Wessell (Gunnala, Inderjeet) |
|
TEXT ORDER entered by District Judge Jonathan E Hawley on 2/25/2026. Plaintiff filed a Declaration for Entry of Default Judgment #20 against Defendants Wessell, Richmiller, Greene, and Gasko based on their purported failure to answer his Complaint. Defendants Richmiller, Greene, and Gasko filed their Answers #18 #19 on 2/17/2026. Defendant Wessell filed an Answer #22 on 2/25/2026. Plaintiff's Motion #20 is DENIED. (VH)
|
| Filing 20 Declaration for Entry of Default Judgment by Plaintiff Marquis Davis. Responses due by 3/10/2026 (JA) |
|
TEXT ORDER entered by District Judge Jonathan E Hawley on 2/18/2026. On 12/19/2025, Defendant Wessell returned a signed Waiver of Service of Summons #14 . The deadline for filing an answer was 2/17/2026, but nothing further has been received. The Court will sua sponte extend the deadline for filing an answer to 3/11/2026. The Clerk is directed to provide a copy of this Text Order to Defendant Wessell at the address where he was served with a copy of the Waiver of Service of Summons. (VH)
|
| Filing 19 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Jonathan Richmiller.(Gunnala, Inderjeet) |
| Filing 18 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by. Gasko, Brittany Greene.(Gunnala, Inderjeet) |
| Filing 17 NOTICE of Appearance of Attorney by Inderjeet Gunnala on behalf of. Gasko, Brittany Greene, Jonathan Richmiller (Gunnala, Inderjeet) |
|
TEXT ORDER entered by District Judge Jonathan E Hawley on 1/21/2026. Plaintiff filed a Motion for Entry of Default #16 asking the Court to enter default judgment against Defendants Greene, Richmiller, Wessell, and Gasko because they have not filed answers. The Clerk sent a waiver of service of summons to Defendants on 12/18/2025. Defendants returned their signed waivers, and their answers are due on 2/17/2026. (Docs. #13 #14 #15 ). Plaintiff's Motion #16 is DENIED.(VH)
|
| Filing 16 MOTION for Entry of Default by Plaintiff Marquis Davis. Responses due by 2/3/2026 (JA) |
| Prisoner Initial Partial Filing Fee received 1/20/2026, in the amount of $ 28.70; receipt number 200002418. (BMG) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Marquis Davis. Jonathan Richmiller waiver sent on 12/18/2025, answer due 2/17/2026. (VH) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Marquis Davis.. Wessell waiver sent on 12/18/2025, answer due 2/17/2026. (VH) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Marquis Davis.. Gasko waiver sent on 12/18/2025, answer due 2/17/2026; Brittany Greene waiver sent on 12/18/2025, answer due 2/17/2026. (Attachments: #1 Gasko Waiver Executed)(VH) |
| Filing 12 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Brittany Greene, Jonathan, Rich Miller, Wessell, Gasko on 12/18/2025. (Attachments: #1 Jonathan Waiver, #2 Rich Miller Waiver, #3 Wessell Waiver, #4 Gasko Waiver)(VH) (Attachment 1 replaced on 12/18/2025) (VH). |
|
Filing 11
HIPAA QUALIFIED PROTECTIVE ORDER. Entered by District Judge Jonathan E Hawley on 12/18/2025. (VH)
|
|
Filing 10
MERIT REVIEW ORDER entered by District Judge Jonathan E Hawley on 12/18/2025. IT IS THEREFORE ORDERED: According to the Court's Merit Review of Plaintiff's Complaint under 28 U.S.C. Sec. 1915A, Plaintiff alleged sufficient facts to proceed on the following claims: (1) an Eighth Amendment excessive force claim against Defendant Wessell for allegedly smashing Plaintiff's face into the ground and spraying him in the face with mace on December 22, 2024; (2) an Eighth Amendment failure to intervene claim against Defendants Jonathan and Rich Miller for allegedly failing to intervene when Defendant Wessell used excessive force against Plaintiff on December 22, 2024; and (3) a First Amendment retaliation claim against Defendants Brittany Greene, Rich Miller, and Gasko for allegedly disciplining Plaintiff and placing him in segregation for filing an administrative grievance about the incident on December 22, 2024, and for placing him near inmate Anderson when he was released from segregation on January 1, 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. Defendant Latoya Hughes 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 Latoya Hughes. Plaintiff's Motion for Status Request #9 is MOOT. 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)
|
|
TEXT ORDER entered by District Judge Jonathan E Hawley on 12/18/2025. Western Illinois Correctional Center contacted the Clerk's Office regarding Defendants "Jonathan" and "Rich Miller" and advised they are the same person Jonathan Richmiller who is now employed at Jacksonville Correctional Center. The Clerk is directed to correct the docket to substitute Jonathan Richmiller for defendants Jonathan and Rich Miller and send a Notice of Lawsuit and Request for Waiver of Summons and a Waiver of Service of Summons to Defendant Jonathan Richmiller at Jacksonville Correctional Center.(VH)
|
| Filing 9 MOTION for Status Request by Plaintiff Marquis Davis. Responses due by 12/31/2025 (RES) |
|
TEXT ORDER entered by District Judge Jonathan E Hawley on 11/19/2025. Plaintiff filed a Motion to Request Counsel #5 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) (citing Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007)). 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, 503 F.3d at 655. Demonstrating a reasonable effort to obtain representation typically requires submitting letters from several attorneys declining assistance and copies of any documents which show Plaintiff tried to find an attorney. See Olson, 750 F.3d at 711. Plaintiff has not demonstrated a reasonable attempt to secure his own lawyer. Because Plaintiff has not satisfied the first prong, the Court does not address the second. Eagan v. Dempsey, 987 F.3d 667, 682 (7th Cir. 2021). Plaintiff's Motion to Request Counsel #5 is DENIED, with leave to renew. If Plaintiff renews his motion, he is directed to attach copies of letters he sent to or received from prospective counsel, list the attorneys or law firms he contacted, and indicate whether he received a response. Plaintiff's Motion for Status #8 is GRANTED. The Court will conduct a merit review of Plaintiff's Complaint under 28 U.S.C. Section 1915A. (VH)
|
| Filing 8 MOTION for Status by Plaintiff Marquis Davis. Responses due by 12/2/2025 (Attachments: #1 Notice of Motion)(JA) |
| Filing 7 Exhibits to #1 Complaint by Marquis Davis. (JA) |
|
TEXT ORDER entered by District Judge Jonathan E Hawley on 10/14/2025. Plaintiff filed a Motion for Extension of Time #6 asking the Court to conduct a merit review after 10/15/2025 so that Plaintiff will be able to present all discovery and evidence at a hearing. On 10/14/2025, Plaintiff filed multiple exhibits in support of his Complaint (Doc. #7 ). Plaintiff does not need to submit exhibits at this stage of the proceedings. Exhibits are not necessary to the Complaint, and the Court is not required to consider them at the pleading stage. See Fitzgerald v. Dep't of Corr., 07-C-61-C, 2007 WL 951861, at *1 (W.D. Wis. Mar. 26, 2007). The Court will not conduct a hearing regarding Plaintiff's Complaint. Instead, the Court will issue a merit review order pursuant to 28 U.S.C. Sec. 1915A. Plaintiff's Motion #6 is DENIED. (VH)
|
| Filing 6 MOTION for Extension of Time to File by Plaintiff Marquis Davis. Responses due by 10/23/2025 (JA) |
|
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 $28.70. 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 10/27/2025. Entered by District Judge Jonathan E Hawley on 9/26/2025. (VH)
|
| Filing 5 MOTION to Request Counsel by Plaintiff Marquis Davis. Responses due by 10/9/2025 (VH) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Marquis Davis. (VH) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Marquis Davis.(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 10/15/2025. (Attachments: #1 Notice Regarding Privacy)(VH) |
| Filing 1 COMPLAINT against All Defendants, filed by Marquis Davis. (Attachments: #1 Summons)(VH) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
