Miles v. Greene et al
| Derrick Miles |
| Brittany P Greene, Jon Moon, Corey Holzer, Kyle Franklin, Silvester Erude, Latoya Hughes and J B Pritzker |
| 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. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| 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)
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| Filing 8 MOTION for Extension of Time for Payment of Filing Fee by Plaintiff Derrick Miles. Responses due by 4/30/2026 (RES) |
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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)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER by Derrick Miles (RES) |
| Filing 5 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Derrick Miles.(RES) |
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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)
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| 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) |
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