Ramirez-Alcantar v. McDannald et al
| Adrian Ramirez-Alcantar |
| Joshua McDannald, Nancy Jacoby, Jacob Keeling, . Taylor and John Doe 1 |
| 3:2025cv03388 |
| December 9, 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 27, 2026. A more recent docket listing may be available from PACER.
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Filing 37
TEXT ORDER entered by District Judge Jonathan E Hawley on 5/27/2026. Plaintiff filed a Motion to Request Counsel #36 asking the Court to appoint an attorney to represent him. Plaintiff's Motion #36 is identical to the Motion to Request Counsel #33 he filed on 5/19/2026. Plaintiff's Motion #36 is DENIED, for the same reasons as stated in the Court's Order entered on 5/20/2026. (VH)
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| Filing 36 MOTION to Request Counsel by Plaintiff Adrian Ramirez-Alcantar. Responses due by 6/9/2026 (DW) |
| Filing 35 NOTICE of Appearance of Attorney by Adam Robert Peterson on behalf of Nancy Jacoby, Jacob Keeling, Joshua McDannald (Peterson, Adam) |
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Filing 34
TEXT ORDER entered by District Judge Jonathan E Hawley on 5/20/2026. Plaintiff filed a renewed Motion to Request Counsel #33 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). Plaintiff states he contacted six attorneys. Plaintiff attached letters from the Uptown People's Law Center and Chicago Volunteer Legal Services, which declined to accept his case. (Doc. #33 at pp. 6-8). The Court finds Plaintiff made a reasonable attempt to find counsel. Plaintiff states he is not competent to litigate this case himself. Plaintiff states he is a Mexican National, has a sixth-grade education from Mexico, does not speak English, and relies on another inmate to prepare his pleadings and translate documents. This case involves a First Amendment claim against Defendants Jacoby, Keeling, Taylor, and John Doe based on the alleged denial of Plaintiff's right of access to the courts during a hearing on his post-conviction petition on 9/20/2024 while Plaintiff was incarcerated at Taylorville Correctional Center. (Doc. #22 ). The Court named Warden McDannald as a Defendant to help Plaintiff identify Defendants Taylor and John Doe. (d/e 28). This case is in an early phase of the litigation process; not all Defendants have returned executed waivers, and no scheduling order has been entered yet. There is no indication that Plaintiff has any physical or psychological condition that might impair his ability to litigate this case himself. Even though English is not Plaintiff's primary language and he has a limited education, this case is not complex and turns on Plaintiff's his personal knowledge. See Pruitt, 503 F.3d at 65456. The Court finds Plaintiff appears competent to litigate the case himself, especially at this early stage in the litigation process. Plaintiff's Motion #33 is DENIED. (SAG)
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| Filing 33 MOTION to Request Counsel by Plaintiff Adrian Ramirez-Alcantar. Responses due by 6/2/2026 (SAG) |
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Filing 32
TEXT ORDER entered by District Judge Jonathan E Hawley on 5/19/2026. On 5/12/2026, Plaintiff filed a Notice to the Court #27 . On 5/18/2026, Plaintiff filed a duplicative Notice to the Court #31 . The Clerk is directed to STRIKE Plaintiff's duplicative Notice to the Court #31 . (KE)
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| Filing 31 STRICKEN - Response by Adrian Ramirez-Alcantar re 28 Text Order. (BMG) Modified on 5/19/2026 to show stricken pursuant to Text Order entered this date. (KE). |
| Filing 30 WAIVER OF SERVICE Returned Executed by Adrian Ramirez-Alcantar. Joshua McDannald waiver sent on 5/14/2026, answer due 7/13/2026. (VH) |
| Filing 29 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Joshua McDannald on 5/14/2026. (VH) |
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Filing 28
TEXT ORDER entered by District Judge Jonathan E Hawley on 5/14/2026. On April 29, 2026, the Court entered a Merit Review Order #22 allowing Plaintiff to proceed on a First Amendment claim against Defendants Taylor, Nancy Jacoby, Jacob Keeling, and John Doe 1 based on the alleged denial of access to the courts during a hearing on his post-conviction petition on September 20, 2024. On May 4, 2026, the Court ordered Plaintiff to file a Notice containing additional information to identify Defendant Sergeant Taylor, including a physical description, and if known, Defendant Taylor's first name. On May 12, 2026, Plaintiff filed a Notice #27 stating that upon information and belief, Defendant Taylor's first name is Randy. Plaintiff states Defendant Taylor is a Caucasian male and approximately 6 feet tall. Plaintiff states Defendant Taylor was the officer on duty in the Vocational Building at Taylorville Correctional Center on September 20, 2024, and would have been recorded on security video at that location at approximately 1:30 p.m. Plaintiff states Defendant Taylor is married to Major Taylor, the only female Major at the facility with the last name Taylor. Plaintiff states Defendant Taylor and Major Taylor have a son and daughter who are correctional officers at Taylorville. On May 13, 2026, the Clerk sent Plaintiff's Notice #27 to the Litigation Coordinator at Taylorville, who was unable to identify Defendant Taylor. Under the circumstances, the Court finds it is appropriate to name Joshua McDannald as a Defendant, in his official capacity as Warden, to help Plaintiff identify Defendants Taylor and John Doe 1. Plaintiff will have the opportunity to propound written discovery requests upon Warden McDannald for the sole purpose of identifying Defendants Taylor and John Doe 1. After Defendants Taylor and John Doe 1 have been identified, Warden McDannald may move to be dismissed. Ultimately, it is Plaintiff's responsibility to identify Defendant Taylor and John Doe 1 and file a Motion to Substitute. The Clerk is directed to ADD Joshua McDannald as a Defendant and to serve Defendant McDannald with a copy of this Text Order, Plaintiff's Amended Complaint #21 , the Court's Merit Review Order #22 , a Notice of Lawsuit and Request for Waiver of Summons, and a Waiver of Service of Summons. If Defendant McDannald fails to sign and return a Waiver of Service of Summons to the Clerk within 30 days after the waiver is sent, the Court will take appropriate steps to effect formal service through the U.S. Marshals Service on Defendant McDannald and will require Defendant McDannald to pay the full costs of formal service pursuant to Federal Rule of Civil Procedure 4(d)(2).(VH)
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| Filing 27 NOTICE re 26 Order filed by Plaintiff Adrian Ramirez-Alcantar. (MSH) |
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Filing 26
TEXT ORDER entered by District Judge Jonathan E Hawley on 5/4/2026. Plaintiff named Sergeant Taylor as a Defendant. Plaintiff alleged he had a video conference via Zoom on September 20, 2024, and Sergeant Taylor directed him to wait in the hall outside the conference room. Plaintiff did not provide Sergeant Taylor's first name or a physical description. In order to serve Sergeant Taylor, Plaintiff must provide additional information to identify Sergeant Taylor. Within 14 days of this Order, Plaintiff is DIRECTED to file a Notice with the Court containing a physical description of Sergeant Taylor, and if known, Sergeant Taylor's first name. (VH)
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| Filing 25 WAIVER OF SERVICE Returned Executed by Adrian Ramirez-Alcantar. Nancy Jacoby waiver sent on 4/29/2026, answer due 6/29/2026; Jacob Keeling waiver sent on 4/29/2026, answer due 6/29/2026. (Attachments: #1 Kelling Waiver Executed)(VH) |
| Filing 24 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Nancy Jacoby, Jacob Keeling and Taylor on 4/29/2026. (Attachments: #1 Kelling Waiver, #2 Taylor Waiver)(VH) (Attachment 2 replaced on 5/15/2026) (VH). |
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Filing 23
HIPAA QUALIFIED PROTECTIVE ORDER. Entered by District Judge Jonathan E Hawley on 4/29/2026. (VH)
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Filing 22
MERIT REVIEW ORDER entered by District Judge Jonathan E Hawley on 4/29/2026. 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 a First Amendment claim against Defendants Nancy Jacoby, Jacob Keeling, Sergeant Taylor, and John Doe 1 based on the alleged denial of Plaintiff's right of access to the courts during a hearing on his post-conviction petition on September 20, 2024. 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) The Clerk is directed to ADD Nancy Jacoby (Records Office Supervisor), Jacob Keeling (Audio-Visual Video Writ Setup Coordinator), Taylor (Sergeant), and John Doe 1 (Office Coordinator of the Records Office) as Defendants. 3) Defendants Joshua McDannald and Major Joyce are DISMISSED WITHOUT PREJUDICE for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. Sec. 1915A. Defendant Illinois Department of Corrections is DISMISSED WITH PREJUDICE. The Clerk is directed to TERMINATE Joshua McDannald. 4) Plaintiff's Motion to Request Counsel #16 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 21 AMENDED COMPLAINT against Defendant, filed by Adrian Ramirez-Alcantar.(VH) |
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Filing 20
TEXT ORDER entered by District Judge Jonathan E Hawley on 4/20/2026. On 4/17/2026, this Court entered an Order dismissing this case with prejudice based on Plaintiff's failure to file an Amended Complaint by 4/2/2026. On 4/20/2026, the Court received Plaintiff's Amended Complaint, which was dated 3/26/2026 and postmarked 3/31/2026. The Court finds Plaintiff's Amended Complaint is timely. Plaintiff's Motion for Leave to File Amended Complaint #19 is GRANTED. The Clerk is directed to VACATE the Text Order 17 and Judgment #18 entered on 4/17/2026, reopen this case, remove this dismissal from the three-strike log, and set the merit review deadline 30 days out. (VH)
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| Filing 19 MOTION for Leave to File Amended Complaint by Plaintiff Adrian Ramirez-Alcantar. Responses due by 5/4/2026 (DW) |
| Filing 18 VACATED PURSUANT TO TEXT ORDER ENTERED ON 4/20/2026-JUDGMENT entered. (KE) Modified on 4/20/2026 (VH). |
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Filing 17
VACATED PURSUANT TO TEXT ORDER ENTERED ON 4/20/2026-TEXT ORDER entered by District Judge Jonathan E Hawley on 4/17/2026. Plaintiff failed to file an amended complaint as directed by the Court's Merit Review Order #15 . This case is dismissed with prejudice pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. Sec 1915A for failure to state a claim upon which relief can be granted. This dismissal may count as a strike pursuant to 28 U.S.C. Sec 1915(g). The Clerk is directed to log this dismissal in the Court's three-strike log. Based on the dismissal of this case, Plaintiff's Motion to Request Counsel #16 is MOOT. Plaintiff remains responsible for the $350 filing fee. (See d/e 12/29/2025). The Clerk is directed to enter judgment and close this case. If Plaintiff wishes to appeal this dismissal, he must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis must set forth the issues Plaintiff plans to present on appeal. Fed. R. App. P. 24(a)(1)(C). If Plaintiff chooses to appeal, he will be liable for the $605 appellate filing fee irrespective of the outcome of the appeal. (KE) Modified on 4/20/2026 (VH).
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| Filing 16 MOTION to Request Counsel by Plaintiff Adrian Ramirez-Alcantar. Responses due by 4/2/2026 (DW) |
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Filing 15
MERIT REVIEW ORDER entered by District Judge Jonathan E Hawley on 3/3/2026. IT IS THEREFORE ORDERED: 1) Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE for failure to state a claim for relief under Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. Sec. 1915A. The Court will allow Plaintiff a final opportunity to file an Amended Complaint within 30 days of this Order. If Plaintiff fails to file a timely Amended Complaint, or if the Amended Complaint fails to state a claim for relief, his case will be dismissed with prejudice. Plaintiff's Amended Complaint will replace Plaintiff's Complaint in its entirety. The Amended Complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. 2) The Clerk is directed to send Plaintiff a blank Section 1983 complaint form. See full written Order. (VH)
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| Prisoner Initial Partial Filing Fee received 1/16/26, in the amount of $ 31.67; receipt number PIA 100008289 (JA) |
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TEXT ORDER entered by District Judge Jonathan E Hawley on 1/5/2026. Plaintiff filed a Motion to Request Counsel #4 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. Plaintiff did not explain what attempts he made to find an attorney. 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. 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 #4 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 duplicative Petition to Proceed in forma pauperis #13 is MOOT. The Court granted Plaintiff's prior Petition to Proceed in forma pauperis on 12/29/2025. (VH)
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| Filing 14 +++ PRISONER TRUST FUND LEDGER by Adrian Ramirez-Alcantar (DW) |
| Filing 13 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Adrian Ramirez-Alcantar.(DW) |
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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 $31.67. 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 1/28/2026. Entered by District Judge Jonathan E Hawley on 12/29/2025. (VH)
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| Filing 12 +++ PRISONER TRUST FUND LEDGER by Joshua McDannald (DW) |
| Filing 11 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 12/23/2025. (SAG) |
| Filing 10 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 12/29/2025. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 9 Case transferred in from District of Illinois Northern; Case Number 1:25-cv-14802. |
| Filing 8 TRANSFERRED to the Central District of Illinois (Springfield) the electronic record. (gcy, ) |
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Filing 7
ORDER Signed by the Honorable LaShonda A. Hunt on 12/8/2025. Mailed notice (gel,)
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| Filing 6 MINUTE entry before the Honorable LaShonda A. Hunt: The Clerk of Court is directed to (1) transfer this case forthwith to the United States District Court for the Central District of Illinois, Springfield Division for imposition of a filing fee and whatever other action the transferee court deems appropriate; and (2) send a copy of this order to Plaintiff at his address of record. All pending motions are terminated on this Court's docket. This case is closed. Mailed notice (gel,) |
| Filing 4 MOTION by Plaintiff Adrian Ramirez Alcantar for attorney representation. (Envelope postmark date 11/25/25). (Received by Clerk's Office Mail on 12/4/25). (gcy, ) Modified on 12/9/2025 to reopen document (SAG). |
| Filing 3 PETITION to proceed in forma pauperis by Plaintiff Adrian Ramirez Alcantar (Envelope postmark date 11/25/25). (Received by Clerk's Office Mail on 12/4/25). (gcy, ) Modified on 12/9/2025 to correct event and reopen document (SAG). |
| Filing 2 PRISONER CIVIL Cover Sheet. (Received by Clerk's Office Mail on 12/4/25). (gcy, ) |
| Filing 1 RECEIVED Complaint by Adrian Ramirez Alcantar. (Attachments). (Envelope postmark date 11/25/25). (Received by Clerk's Office Mail on 12/4/25). (gcy, ) |
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