McCray v. Villazon-Sanchez et al

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THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LeDARRION McCRAY, #Y33420, 	)
)
Plaintiff, 	)
)
vs. 	) 	Case No. 3:25-cv-01282-GCS
)
JOSE A. VILLAZON-SANCHEZ, 	)
JAMES WIZKAMP, 	)
ROBERT O’LEARY, 	)
and NATHAN WALKER, 	)
)
Defendants. 	)
ORDER
SISON, Magistrate Judge:
This matter is before the Court for case management. Plaintiff filed a Complaint
pursuant to 42 U.S.C. § 1983 for constitutional deprivations arising from food tampering
and the alleged use of excessive force at Pinckneyville Correctional Center. (Doc. 1). The
Complaint survived screening under 28 U.S.C. § 1915A. (Doc. 14). Plaintiff was allowed
to proceed with claims against Defendants Jose Villazon-Sanchez (Counts 1 and 3), James
Wizkamp (Counts 2 and 4), Robert O’Leary (Count 2), and Nathan Walker (Count 2). Id.
All defendants, except Nathan Walker, have answered the Complaint. (Doc. 31).
Litigation cannot proceed until Walker is served, appears, and answers. To move this
matter forward, the Court entered the following Order on January 23, 2026 requiring
Plaintiff to provide additional information about this defendant:
ORDER: This action is before the Court for the purpose of docket control. As of
today, Defendant Nathan Walker has not been served. A request for waiver of
service was issued to Defendant Nathan Walker on November 20, 2025, and was
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not 	returned 	as 	Pinckneyville 	Correctional 	Center 	was 	unable 	to 	identify
Defendant 	Nathan 	Walker 	as 	an 	employee 	(Doc. 	15). 	IT 	IS 	THEREFORE
ORDERED that Plaintiff provide additional information (i.e., physical description,
date and time of alleged interaction giving rise to this lawsuit, etc.) to the Clerk of
Court and file a notice of such, to identify Defendant Nathan Walker. Plaintiff
SHALL provide said information by February 23, 2026, so that process may be
served upon him. Plaintiff is WARNED that his failure to comply with this Order
may result in dismissal of Defendant Walker from this lawsuit.
(Doc. 30) (emphasis in original).
Plaintiff did not respond to the Court’s Order before or after the deadline of
February 23, 2026. He also did not seek an extension of time to provide information to
help identify and serve this defendant. The deadline expired more than three weeks ago,
and Plaintiff has not communicated with the Court about this matter. The Court will not
allow litigation to linger.
Defendant Nathan Walker is DISMISSED without prejudice based on Plaintiff’s
failure to comply with the Court Order (Doc. 30) and his failure to prosecute his claims
against this Defendant. See FED. R. C IV. P ROC. 41(b); Ladien v. Astrachan, 128 F.3d 1051 (7th
Cir. 1997). Judgment shall be entered accordingly at the close of the case.
IT IS SO ORDERED.
DATED: March 20, 2026.
GILBERT C. SISON
United States Magistrate Judge
Digitally signed by
Judge Sison
Date: 2026.03.20
13:48:50 -05'00'
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