Collins v. Posey et al
Plaintiff: Don Collins
Defendant: Erin Posey, Jason Chenoweth, Joshua Cleavinger, Brandon Wear, Joshua Reich, Robert Downs, Mitchell Kessler, Shane Sargent, Bryant Mayes, Filomeno Fachrell, Delma Cobb, Christine Sefton and Elizabeth Hock
Case Number: 4:2026cv04120
Filed: May 12, 2026
Court: U.S. District Court for the Central District of Illinois
Presiding Judge: Jonathan E Hawley
Nature of Suit: Prisoner Petitions: Civil Detainee: Conditions of Confinement
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 11, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 11, 2026 Filing 24 AMENDED COMPLAINT against All Defendants, filed by Don Collins.(VH)
June 11, 2026 Opinion or Order Filing 23 TEXT ORDER entered by District Judge Jonathan E Hawley on 6/11/2026. Plaintiff's Motion for Leave to File Second Amended Complaint #22 is GRANTED. The Clerk is directed to file the Second Amended Complaint and set the merit review deadline 30 days out.(VH)
June 10, 2026 Filing 22 Motion for Leave to File Second Amended Complaint by Plaintiff Don Collins. Responses due by 6/24/2026. (ED)
June 9, 2026 Filing 21 AFFIDAVIT by Don Collins. (ED)
June 5, 2026 Opinion or Order Filing 20 TEXT ORDER entered by District Judge Jonathan E Hawley on 6/5/2026. Plaintiff filed a Motion to Add Additional Defendants #18 requesting leave to amend his complaint to add additional Defendants and a supplemental exhibit/log. Plaintiff's Motion #18 is GRANTED. The Court has not conducted a merit review of Plaintiff's Amended Complaint. Plaintiff may file a Motion for Leave to File Second Amended Complaint and attach his proposed Second Amended Complaint as an exhibit to his motion within 30 days of this Order. If Plaintiff does not do so, the Court will conduct a merit review of his Amended Complaint (Doc. 17). Plaintiff filed a Motion to Seal Sensitive Documents #19 asking the Court to seal "documents of personal, vulnerable, sensitive nature." It is unclear what documents Plaintiff is referring to. Plaintiff is advised that it is unnecessary to attach exhibits to his complaint. Plaintiff's Motion #19 is DENIED.(VH)
June 2, 2026 Filing 19 MOTION to Seal Sensitive Documents by Plaintiff Don Collins. Responses due by 6/16/2026. (AEJ)
June 2, 2026 Filing 18 MOTION to add additional defendants by Plaintiff Don Collins. Responses due by 6/16/2026. (AEJ)
May 28, 2026 Filing 17 AMENDED COMPLAINT against All Defendants, filed by Don Collins. (Attachments: #1 Exhibits)(VH)
May 28, 2026 Opinion or Order Filing 16 TEXT ORDER entered by District Judge Jonathan E Hawley on 5/28/2026. Plaintiff's Motion to Amend Complaint #11 is GRANTED. The Clerk is directed to file the Amended Complaint and set the merit review deadline 30 days out. Plaintiff filed a Motion to Seal Document #14 requesting to seal Exhibit 8 attached to his Amended Complaint because it pertains to an ongoing investigation. The Court has reviewed Exhibit 8 and finds that it is unnecessary to seal the document. (Doc. #11 at p. 26). Plaintiff's Motion to Seal Document #14 is DENIED. (VH)
May 28, 2026 Opinion or Order TEXT ORDER: This Court has instituted a reduced payment procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Section 1915(h). A reduced payment is assessed of 50% of such plaintiff's average monthly income for the six months preceding the filing of the complaint (not to exceed the $405 filing fee).Income includes all deposits from any source. The plaintiff Don Collins is currently detained at Rushville Treatment and Detention Facility, and is thus subject to the reduced payment procedure. However, the plaintiff's ledgers for the past six months show an average monthly income of $1.00 or less. No reduced filing fee will be assessed. Entered by District Judge Jonathan E Hawley on 5/28/2026. (VH)
May 26, 2026 Filing 15 Letter from Plaintiff Collins. (ED)
May 26, 2026 Filing 14 MOTION to Seal Document by Plaintiff Don Collins. Responses due by 6/10/2026. (ED) Modified to reflect 5/26/26 filing date (ED).
May 26, 2026 Filing 13 +++ PRISONER TRUST FUND LEDGER by Don Collins. (ED) Modified to reflect 5/26/26 filing date (ED).
May 26, 2026 Filing 12 MOTION for Leave to Proceed in forma pauperis by Plaintiff Don Collins. Responses due by 6/10/2026. (ED) Modified to reflect 5/26/26 filing date (ED).
May 26, 2026 Filing 11 MOTION to Amend #1 Complaint by Plaintiff Don Collins. Responses due by 6/10/2026. (ED) Modified to reflect 5/26/26 filing date (ED).
May 19, 2026 Filing 10 NOTICE by Plaintiff Don Collins. (MSH)
May 13, 2026 Filing 9 Remark: Blank Complaint Form pursuant to Text Order entered on 5/13/2026. (Attachments: #1 Filed Complaint) (VH)
May 13, 2026 Opinion or Order Filing 8 TEXT ORDER entered by District Judge Jonathan E Hawley on 5/13/2026. On 5/12/2026, Plaintiff filed a Complaint #1 which he failed to sign. Federal Rule of Civil Procedure 11 states, "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." Fed. R. Civ. P. 11(a). The Clerk is directed to STRIKE the unsigned Complaint and return the Complaint to Plaintiff along with this Order. The Clerk is further directed to provide Plaintiff with a blank Section 1983 complaint form. To proceed with this action, Plaintiff must file his signed Amended Complaint within 21 days of this Order. If Plaintiff fails to do so, this case will be dismissed without prejudice. Plaintiff filed a Motion to Seal Documents #3 asking the Court to seal this case because his Complaint contains "medical, mental reports, [and] sensitive documents." Plaintiff states the disclosure of these documents will have a "negative effect." The Court cannot seal a case because Plaintiff attached medical or mental health records to his Complaint. Plaintiff's Motion #3 is DENIED.(VH)
May 13, 2026 Filing 6 Remark: Blank IFP Form pursuant to Text Order entered on 5/13/2026. (VH)
May 13, 2026 Opinion or Order Filing 5 TEXT ORDER: Plaintiff has not filed a petition to proceed in forma pauperis nor paid the $405 filing fee. The Clerk is directed to mail to the plaintiff an application to proceed in forma pauperis. Within 30 days, plaintiff must either pay the $405 filing fee or file an application to proceed in forma pauperis, along with account statements for the previous six months, or his complaint will be dismissed without prejudice. Entered by District Judge Jonathan E Hawley on 5/13/2026. (VH)
May 12, 2026 Filing 4 +++ PRISONER TRUST FUND LEDGER by Don Collins. (VH)
May 12, 2026 Filing 3 MOTION to Seal Documents by Plaintiff Don Collins. Responses due by 5/26/2026 (VH)
May 12, 2026 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 6/1/2026. (Attachments: #1 Notice Regarding Privacy)(VH)
May 12, 2026 Filing 1 STRICKEN PURSUANT TO TEXT ORDER ENTERED ON 5/13/2026 COMPLAINT against All Defendants, filed by Don Collins. (Attachments: #1 Exhibits 1, #2 Exhibits 2, #3 Exhibits 3, #4 Exhibits 4)(VH) Modified on 5/13/2026 (VH).

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Plaintiff: Don Collins
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Defendant: Erin Posey
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Defendant: Jason Chenoweth
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Defendant: Joshua Cleavinger
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Defendant: Brandon Wear
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Defendant: Joshua Reich
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Defendant: Robert Downs
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Defendant: Mitchell Kessler
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Defendant: Shane Sargent
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Defendant: Bryant Mayes
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Defendant: Filomeno Fachrell
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Defendant: Delma Cobb
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Defendant: Christine Sefton
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Defendant: Elizabeth Hock
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