Case Information
*1 E-FILED Friday, 31 October, 2025 02:43:22 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION
RONNIE HOWARD, )
)
Plaintiff, )
)
v. ) 25-3168
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IDOC DIRECTOR, et al. )
)
Defendants. )
MERIT REVIEW ORDER
Plaintiff, proceeding pro se and presently incarcerated at Taylorville Correctional Center, was granted leave to proceed in forma pauperis . The case is now before the Court for a merit review of Plaintiff’s claims. The Court must “screen” Plaintiff’s complaint, and through such process to identify and dismiss any legally insufficient claim, or the entire action if warranted. 28 U.S.C. § 1915A. A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” Id.
The Court accepts the factual allegations as true, liberally construing them in the plaintiff's favor. Turley v. Rednour , 729 F.3d 645, 649 (7th Cir. 2013). Conclusory statements and labels are insufficient—the facts alleged must “state a claim for relief that is plausible on its face.” Alexander v. U.S. , 721 F.3d 418, 422 (7th Cir. 2013) (citation omitted).
Plaintiff alleges that the Illinois Department of Corrections unlawfully held him in custody for 7 years following the date he should have been released on parole.
Plaintiff does not provide information regarding the reasons he was allegedly held in custody for an additional seven years. Claims that challenge the fact or duration of a prisoner’s *2 confinement do not accrue under 42 U.S.C. § 1983 unless and until a prisoner successfully challenges the confinement in a habeas corpus action. Heck v. Humphrey , 512 U.S. 477 (1994); Preiser v. Rodriguez , 411 U.S. 475, 500 (1973) (habeas corpus is the exclusive remedy for individuals challenging a fact or duration of confinement and seeking immediate or speedier release from custody). Heck ’s favorable termination requirement applies to claims where prison officials revoke a prisoner’s parole “at the door” and claims where habeas corpus relief is no longer available. Courtney v. Butler , 66 F.4th 1043, 1050-51 (7th Cir. 2023) ( Heck applied to claims involving violations of parole based on inability to identify a suitable host site); Savory v. Cannon , 947 F.3d 409, 424 (7th Cir. 2020) ( Heck applies after prisoner released from custody).
Plaintiff has not provided enough information for the Court to find that he states a claim. Plaintiff’s complaint is dismissed with leave to amend as directed below to permit Plaintiff the opportunity to clarify his allegations and provide any additional information he desires the Court to consider.
Plaintiff’s Motion to Request Counsel (Doc. 4) Plaintiff has no constitutional or statutory right to counsel in this case. In considering the Plaintiff’s motion, the court asks: (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, 654-55 (7th Cir. 2007).
Plaintiff has not shown that he made a reasonable effort to obtain counsel on his own. A plaintiff usually does this by attaching copies of letters sent to attorneys seeking representation and copies of any responses received. Because Plaintiff has not satisfied the first prong, the *3 Court does not address the second. Eagan v. Dempsey , 987 F.3d 667, 682 (7th Cir. 2021).
Plaintiff’s motion is denied with leave to renew.
IT IS THEREFORE ORDERED:
1) Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Plaintiff shall have 30 days from the entry of this order to file an amended complaint. Failure to file an amended complaint will result in the dismissal of this case, with prejudice, for failure to state a claim. Plaintiff's amended complaint will replace Plaintiff's original complaint in its entirety. The amended complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted.
2) Clerk is directed to send Plaintiff a blank complaint form.
3) Plaintiff’s Motion [4] is DENIED with leave to renew.
Entered this 31st day of October, 2025.
s/Sara Darrow
SARA DARROW
CHIEF U.S. DISTRICT JUDGE