Miles v. Moon et al
| Derrick Miles |
| Jon Moon, Corey Holzer, Kyle Franklin and Silvester Erude |
| 3:2026cv03075 |
| March 4, 2026 |
| 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 August 12, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 24
SCHEDULING ORDER. Discovery due by 2/12/2027. Motions due by 3/12/2027. Entered by District Judge Jonathan E Hawley on 8/12/2026. See full written Order. (Attachments: #1 Consent Packet)(VH)
|
| Filing 23 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Silvester Erude, Kyle Franklin, Corey Holzer, Jon Moon.(Shapiro, Zachary) |
|
Filing 22
TEXT ORDER entered by District Judge Jonathan E Hawley on 8/3/2026. Plaintiff filed a renewed Motion to Request Counsel #21 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 states he contacted several attorneys to request representation and only received a response from Uptown People's Law Center, which declined to represent him. (Doc. 21 at p. 2). Plaintiff did not list the attorneys or law firms he contacted or attach copies of any letters he sent to prospective counsel. 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. 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 of Pruitt, the Court does not address the second. Eagan v. Dempsey, 987 F.3d 667, 682 (7th Cir. 2021). Plaintiff's Motion #21 is DENIED, with leave to renew. If Plaintiff renews his motion, he is directed to attach additional 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. (SAG)
|
| Filing 21 MOTION to Request Counsel by Plaintiff Derrick Miles. Responses due by 8/14/2026 (RES) |
| Filing 20 NOTICE of Appearance of Attorney by Zachary Nathan Shapiro on behalf of Corey Holzer (Shapiro, Zachary) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Derrick Miles. Corey Holzer waiver sent on 6/9/2026, answer due 8/10/2026. (VH) |
| Filing 18 NOTICE of Appearance of Attorney by Zachary Nathan Shapiro on behalf of Silvester Erude, Kyle Franklin, Jon Moon (Shapiro, Zachary) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Derrick Miles. Silvester Erude waiver sent on 6/9/2026, answer due 8/10/2026; Kyle Franklin waiver sent on 6/9/2026, answer due 8/10/2026; Jon Moon waiver sent on 6/9/2026, answer due 8/10/2026. (Attachments: #1 Franklin Waiver Executed, #2 Erude Waiver Executed)(VH) |
| Filing 16 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Jon Moon, Corey Holzer, Kyle Franklin, Silvester Erude on 6/9/2026. (Attachments: #1 Holzer Waiver, #2 Franklin Waiver, #3 Erude Waiver)(VH) |
|
Filing 15
HIPAA QUALIFIED PROTECTIVE ORDER. Entered by District Judge Jonathan E Hawley on 6/9/2026. (VH)
|
|
Filing 14
MERIT REVIEW ORDER entered by District Judge Jonathan E Hawley on 6/9/2026. IT IS THEREFORE ORDERED: 1) 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 (1) a Fourteenth Amendment due process claim against Defendants Jon Moon, Corey Holzer, Silvester Erude, and Kyle Franklin, and (2) a First Amendment retaliation claim against Defendant Jon Moon. 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 Brittany Greene, Latoya Hughes, and J.B. Pritzker 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. The Clerk is directed to TERMINATE Defendants Greene, Hughes, and Pritzker. 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)
|
| Filing fee: $ 405, receipt number 100009075 (FDS) |
|
Filing 13
TEXT ORDER entered by District Judge Jonathan E Hawley on 5/15/2026. Plaintiff filed a third Motion for Extension of Time Regarding Filing Fee #12 requesting an extension of time until the end of May 2026 to pay the $405 filing fee. Plaintiff's Motion #12 is GRANTED. Plaintiff is directed to pay the $405 filing fee in full by Monday, June 1, 2026, as May 31, 2026 is a Sunday. The failure to do so will result in the dismissal of this case without prejudice. No further extensions will be given absent extraordinary circumstances.(VH)
|
| Filing 12 MOTION for Extension of Time regarding Filing Fee by Plaintiff Derrick Miles. Responses due by 5/29/2026 (RES) |
|
Filing 11
TEXT ORDER entered by District Judge Jonathan E Hawley on 5/4/2026. Plaintiff filed a Motion for Extension of Time for Payment of Filing Fee #10 requesting additional time to pay the $405 filing fee. Plaintiff's Motion #10 is GRANTED. Plaintiff is directed to pay the $405 filing fee in full by May 19, 2026. The failure to do so will result in the dismissal of this case without prejudice.(VH)
|
| Filing 10 MOTION for Extension of Time for Payment of Filing Fee by Plaintiff Derrick Miles. Responses due by 5/15/2026 (RES) |
|
Filing 9
TEXT ORDER entered by District Judge Jonathan E Hawley on 4/16/2026. Plaintiff filed a Motion for Extension of Time for Payment of Filing Fee #8 requesting additional time to pay the $405 filing fee. Plaintiff's Motion #8 is GRANTED. Plaintiff is directed to pay the $405 filing fee in full by May 5, 2026. The failure to do so will result in the dismissal of this case without prejudice. (VH)
|
| Filing 8 MOTION for Extension of Time for Payment of Filing Fee by Plaintiff Derrick Miles. Responses due by 4/30/2026 (RES) |
|
Filing 7
TEXT ORDER entered by District Judge Jonathan E Hawley on 3/19/2026. Plaintiff filed a Petition to Proceed in forma pauperis #5 ("IFP Petition") stating that he has not received any income from any sources in the past 12 months. (Doc. #5 at p. 1). However, according to his Trust Fund Ledger #6 ("TFL"), Plaintiff received a settlement of $1,150.00 in November 2025 and $1,657.56 in additional deposits in the past 6 months. Plaintiff did not disclose this income on his IFP Petition. Plaintiff has no debts, dependents, or other financial obligations. "Courts have broad discretion in assessing the sufficiency of an applicant's evidence of poverty, especially when it comes to prisoners, who have fewer demands on their income because prisons provide them with food, clothing, shelter, and medical care." See Maboneza v. Kincaid, 798 F. App'x 19, 23 (7th Cir 2020) (finding that inmate who had $1,500 in income in preceding six months was not destitute). Plaintiff currently has a balance of $99.16. However, Plaintiff's TFL reveals he sent gifts to family members in the amount of $1,095.00 and spent $1,581.77 at the commissary in the last 6 months. See Hughes v. Anderson, 829 F. App'x 724, 726 (7th Cir. 2020) (Courts have an "oversight role" and may monitor a prisoner's expenditures "to ensure that the prisoner does not deplete his trust account in order to avoid paying the filing fee."). Based on his undisclosed income and lack of financial obligations, the Court finds Plaintiff has sufficient means to pay the $405.00 filing fee in full. Plaintiff's IFP Petition #5 is DENIED. Plaintiff is DIRECTED to pay the $405.00 filing fee in full within 30 days of this Order. Failure to do so will result in the dismissal of this case without prejudice. Plaintiff also filed a Motion to Request Counsel #3 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 states he contacted several attorneys to request representation, but he did not attach any responses from attorneys who declined to accept his case to his Motion. 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 of Pruitt, the Court does not address the second. Eagan v. Dempsey, 987 F.3d 667, 682 (7th Cir. 2021). Plaintiff's Motion #3 is DENIED, with leave to renew. If Plaintiff renews his motion, he is directed to attach additional 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. (VH)
|
| Filing 6 +++ PRISONER TRUST FUND LEDGER by Derrick Miles (RES) |
| Filing 5 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Derrick Miles.(RES) |
|
Filing 4
TEXT ORDER entered by District Judge Jonathan E Hawley on 3/4/2026. 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.(SAG)
|
| Filing 3 MOTION to Request Counsel by Plaintiff Derrick Miles. Responses due by 3/18/2026 (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 3/24/2026. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by Derrick Miles.(SAG) |
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.
