an appellant should be given an opportunity to submit a statement of his grounds for appealing so that the district judge “can make a responsible assessment of the issue of good faith.”
How later courts described this case
- an appellant should be given an opportunity to submit a statement of his grounds for appealing so that the district judge “can make a responsible assessment of the issue of good faith.”
- providing that a good faith appeal is an appeal that “a reasonable person could suppose . . . has some merit” from a legal perspective
- “[Plaintiff’s] request to change his claims on the eve of summary judgment is exactly the sort of switcheroo we have counseled against.”
- holding that an inmate’s transfer from a correctional facility generally moots claims for declaratory and injunctive relief against officials at that facility
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
DAYNE WOODS, )
)
Plaintiff, )
)
v. ) Case No.: 3:23-cv-03287-JEH
)
)
JACK CAMPBELL, et al., )
)
Defendants. )
Order
I
A
This cause is before the Court on Defendants’ motion for summary
judgment and on Plaintiff Dayne Woods’ motion for leave to file an Amended
Complaint. During the relevant time, Plaintiff was a detainee at the Sangamon
County Jail (the Jail). Plaintiff is currently an inmate with the Illinois Department
of Corrections (IDOC) who is incarcerated at the IDOC’s Menard Correctional
Center.
Also during the relevant time, Defendant Jack Campbell was the Sangamon
County Sheriff. Defendant Larry Beck was the Superintendent of the Jail.
Defendants Williams Smith and Aaron Conrad were Correctional lieutenants at
the Jail. Finally, Defendants Vivian Brown and Brent Ferro were correctional
officers at the Jail.
On September 28, 2023, Plaintiff filed this case under 42 U.S.C. § 1983
alleging that Defendants violated his Constitutional rights when he was a detainee
at the Jail. Specifically, Plaintiff alleged that, as of the time of the filing of his
Complaint, he had been a detainee at the Jail for approximately six years. During
his time as a detainee at the Jail, Plaintiff contended that he had been subjected to
discipline improperly and that his personal property had been withheld from him
without receiving a proper hearing first. In addition, Plaintiff claimed that he
received excessive punishments while at the Jail and that Defendants instituted
and applied the Jail’s rules and disciplinary policies in an arbitrary and capricious
manner—all to his detriment. Finally, Plaintiff alleged that he has purposefully
been misclassified based upon the Jail’s unconstitutional policies, thereby
resulting in him being placed in a more dangerous and more restrictive housing
that he should be.
On January 16, 2024, the Court conducted a merit review of Plaintiff’s
Complaint that is required by 28 U.S.C. § 1915A and found that Plaintiff’s
Complaint stated a claim against Defendants for violating his Fourteenth
Amendment Due Process rights when he was a detainee at the Jail. Defendant have
now moved for summary judgment on Plaintiff’s claim against them.
B
Before turning to Defendants’ motion for summary judgment, the Court
must resolve Plaintiff’s renewed motion for leave to file an Amended Complaint.
The Court had previously denied Plaintiff’s attempt to amend his Complaint
because he had failed to demonstrate good cause to allow him to amend as
required by Federal Rule of Civil Procedure 16(b)(4). D/E 42.
In his renewed motion, Plaintiff argues that good cause exists to allow him
to amend his Complaint. Plaintiff states that his proposed Amended Complaint
corrects certain dates and correctly identifies individuals who were involved in
the deprivation of his Constitutional rights. In addition, Plaintiff argues that he
should be allowed to assert an additional ten legal claims (for eleven in total)
against Defendants because they are relevant to his initial claim and because
Defendants should have reasonably expected him to have asserted these
additional legal claims against them.
Finally, Plaintiff asserts that he has not delayed in seeking to amend his
Complaint. Plaintiff chalks up any delay in his attempt to amend to the fact that
he is litigating this case pro se, his incarceration, his participation in his criminal
trial, and the difficulties that he has experiencing obtaining discovery from
Defendants. Accordingly, Plaintiff asks the Court for leave to file his proposed
Amended Complaint, and he further asks the Court to amend the Scheduling
Order so that he may conduct additional discovery on his newly asserted claims.
Plaintiff’s motion is denied. “In making a Rule 16(b) good-cause
determination, the primary consideration for district courts is the diligence of the
party seeking amendment.” Alioto v. Town of Lisbon, 651 F.3d 715, 720 (7th Cir.
2011). Good cause requires a showing of diligence by the party seeking
amendment, and the requisite diligence is not established if delay is shown and
the movant provides no reason, or no good reason, for the delay. Trustmark Ins.
Co. v. Gen. & Cologne Life Re of Am., 424 F.3d 542, 553 (7th Cir. 2005); Alioto, 651 F.3d
at 719.
Therefore, courts are “entitled to apply the heightened good-cause standard
of Rule 16(b)(4) before considering whether the requirements of Rule 15(a)(2) [are]
satisfied.” Adams v. City of Indianapolis, 742 F.3d 720, 734 (7th Cir. 2014) (upholding
district court’s denial of motion to amend filed six months after the deadline where
the plaintiffs had not demonstrated good cause); Hukic v. Aurora Loan Servs., 588
F.3d 420, 432 (7th Cir. 2009) (affirming district court’s denial of the plaintiff’s
motion for leave to file a second amended complaint “late in the game,” in part
because plaintiff based his request on information available to plaintiff “long
before he sought leave to amend”). However, “district judges have broad
discretion to deny leave to amend, where there is undue delay, bad faith, dilatory
motive, repeated failure to cure deficiencies, undue prejudice to the defendants,
or where the amendment would be futile.” Huon v. Denton, 841 F.3d 733, 745 (7th
Cir. 2016) (internal quotation omitted).
Here, allowing Plaintiff to amend his Complaint to add ten new legal claims
against Defendants would unduly prejudice them. Defendants have been
defending themselves against Plaintiff’s claim against them for nearly two years
before Plaintiff sought to amend his Complaint. Swisher v. Brown, 2021 WL
3666481, * 1 (S.D. Ind. Aug. 18, 2021) (finding that allowing an amendment would
cause undue prejudice to the defendant, who has been defending himself in this
case for over two years). If the Court were to allow Plaintiff to amend his
Complaint at this late date, the Court would, by necessity, have to re-open
discovery to allow the Parties to engage in discovery concerning Plaintiff’s new
claims. In other words, the Court would be forced to start this case over, which
would unduly prejudice Defendants. Soltys v. Costello, 520 F.3d 737, 743 (7th Cir.
2008) (“[E]leventh hour additions . . . are bound to produce delays that burden not
only the parties to the litigation but also the judicial system and other litigants.”)
(citation omitted); Johnson v. Cypress Hill, 641 F.3d 867, 873 (7th Cir. 2011)
(“[Plaintiff’s] request to change his claims on the eve of summary judgment is
exactly the sort of switcheroo we have counseled against.”).
Although he filed a separate motion seeking leave to amend his Complaint,
Plaintiff waited until Defendants filed their motion for summary judgment and,
then, sought leave to amend as an attempt to defeat Defendants’ motion for
summary judgment. Plaintiff’s attempt to defeat Defendants’ motion for summary
judgment by amending his Complaint are improper. Anderson v. Donahoe, 699 F.3d
989, 998 (7th Cir. 2012) (holding that a plaintiff cannot amend his complaint
through arguments in his brief to a motion for summary judgment); Smith v. Union
Pac. R. Co., 474 F. App’x 478, 480 (7th Cir. 2012) (“Although [plaintiff] advanced a
new chronology in his response brief, the district court correctly disregarded that
chronology because it differs from the account he pleaded, and he may not amend
his complaint through the filing of a response brief.”). Accordingly, Plaintiff’s
motion for leave to file an Amended Complaint is denied.
II
Turning to Defendants’ motion for summary judgment, the undisputed
facts demonstrate the following.1 Between September 24, 2021, and May 13, 2022,
Plaintiff resided in the Jail’s Segregation Unit, but he did not reside there for
disciplinary reasons. In fact, between September 24, 2021, and May 13, 2022,
Plaintiff was offered non-segregation housing in different cell blocks, but he
refused to transfer housing assignments on fifteen (15) occasions.
Between May 13, 2022, and August 19, 2022, Plaintiff did not reside in the
Segregation Unit. However, on August 19, 2022, Plaintiff returned to the
Segregation Block, where he was placed on investigative status due a search of his
cell that revealed that he was (allegedly) in the possession of contraband.
Specifically, Plaintiff received disciplinary tickets for possessing contraband
including, “Hooch,” two lighters, five razor blades, cigarette, tattoo equipment,
civilian clothing, consuming alcohol, disruptive behavior, being combative with
staff during the shakedown, failing to comply with instructions, assaulting staff,
1 Local Rule 7.1(D)(2)(b)(6) provides that “[a] failure to respond to any numbered
fact [contained within a motion for summary judgment] will be deemed an
admission of the fact.” Id. Plaintiff has not properly responded to Defendants’
statement of undisputed facts as required by the Court’s Local Rule, and therefore,
Plaintiff has admitted all of the facts as asserted by Defendants. The Court
incorporates those facts herein. Parra v. Neal, 614 F.3d 635, 636 (7th Cir. 2010), as
revised (July 19, 2010) (internal citations omitted) (“At summary judgment, the
plaintiffs filed an opposition to the defendants’ motion but did not bother to
respond to their statement of material facts. The district court thus accepted the
defendants’ statement of material facts as true. We do as well.”).
threatening violence to staff and threating violence to inmates. Plaintiff received
notice of each of these disciplinary tickets, which contain narrative of the incident
by the reporting officer(s), on August 18, 2022 and August 19, 2022, respectively.
On August 25, 2022, and August 26, 2022, while on investigative status,
Plaintiff received three additional disciplinary tickets. However, these three tickets
were reduced to minor infractions. On August 25, 2022, and August 26, 2022,
Plaintiff received four disciplinary tickets for staging a fight and disruptive acts,
for which he received notice of these tickets. On September 23, 2022, after a
complete investigation and a review of the totality of the circumstances, Plaintiff
was found guilty on the disciplinary tickets, and he received forty-five (45) days
in the segregation unit as a punishment. Plaintiff was also given a phone and
commissary restriction.
On February 28, 2023, Plaintiff was issued a disciplinary ticket, 23–0416 for
possession of contraband. However, Plaintiff did not receive any segregation time
for the ticket and was only issued a thirty-day commissary restriction. On July 2,
2023, after a shake down of the cell block and of Plaintiff’s cell, the Plaintiff was
placed on investigative status. After investigation, Plaintiff was issued a
disciplinary ticket and was charged $8.00 for the destruction of Jail property.
Plaintiff also received a two-week commissary restriction as discipline. Plaintiff’s
time on investigative status was given as credit for any segregation time for the
disciplinary ticket. On August 23, 2023, Plaintiff was issued a disciplinary ticket
for possession of contraband. Plaintiff received a hearing on this disciplinary ticket
on August 28, 20230.
Finally, the only discipline issued to Plaintiff after the hearing was a
commissary restriction. Plaintiff was not issued any tickets that resulted in
segregation time between August 23, 2024, and his transfer to the IDOC on
September 25, 2024. Although Plaintiff was issued disciplinary tickets between
August 28, 2023, and September 25, 2024, the only discipline that was imposed was
either phone or commissary restrictions. Plaintiff was allowed to order or was
provided basic hygiene items and basic necessities at all times while he was on a
commissary restriction.
III
Federal Rule of Civil Procedure 56(a) provides that summary judgment shall
be granted if the movant shows that there is no genuine dispute as to any material
fact and the movant is entitled to judgment as a matter of law. FED. R. CIV. P. 56(a);
Ruiz-Rivera v. Moyer, 70 F.3d 498, 500-01 (7th Cir. 1995). The moving party has the
burden of providing proper documentary evidence to show the absence of a
genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 (1986).
Once the moving party has met its burden, the opposing party must come forward
with specific evidence, not mere allegations or denials of the pleadings, which
demonstrates that there is a genuine issue for trial. Gracia v. Volvo Europa Truck,
N.V., 112 F.3d 291, 294 (7th Cir. 1997). “[A] party moving for summary judgment
can prevail just by showing that the other party has no evidence on an issue on
which that party has the burden of proof.” Brazinski v. Amoco Petroleum Additives
Co., 6 F.3d 1176, 1183 (7th Cir. 1993).
Accordingly, the non-movant cannot rest on the pleadings alone, but must
designate specific facts in affidavits, depositions, answers to interrogatories or
admissions that establish that there is a genuine triable issue; he must do more
than simply show that there is some metaphysical doubt as to the material fact.
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 261 (Brennan, J., dissenting) (1986)
(quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986));
Hot Wax, Inc. v. Turtle Wax, Inc., 191 F.3d 813, 818 (7th Cir. 1999). Finally, a scintilla
of evidence in support of the non-movant’s position is not sufficient to oppose
successfully a summary judgment motion; “there must be evidence on which the
jury could reasonably find for the [non-movant].” Anderson, 477 U.S. at 252.
IV
A
As noted supra, Plaintiff was a pretrial detainee during the time relevant to
his Complaint. Therefore, Plaintiff’s claim against Defendants claim arises under
the Fourteenth Amendment’s Due Process Clause. Kingsley v. Hendrickson, 576 U.S.
389, 396-97 (2015).
Recently, the United States Court of Appeals for the Seventh Circuit has
reviewed United States Supreme Court case law and reiterated what a prisoner
must show in order to prevail on a claim that his jailers have violated his Due
Process Rights. In Jackson v. Anastasio, 2025 WL 2437947 (7th Cir. Aug. 25, 2025),
the Seventh Circuit opined that “[p]risoners may ‘claim the protections of the Due
Process Clause. They may not be deprived of life, liberty or property without due
process of law.’” Id at * 3 (quoting Wolff v. McDonnell, 418 U.S. 539, 556 (1974). “To
proceed on a due process claim, a prisoner must demonstrate: ‘(1) the deprivation
of a liberty interest; and (2) the procedures he was afforded were constitutionally
deficient.’” Id. (quoting Lisle v. Welborn, 933 F.3d 705, 720 (7th Cir. 2019)). “In Wolff,
the Supreme Court held that a prisoner is entitled to limited procedural
protections before he is deprived of his liberty interest in good-time credits as
disciplinary measure. Id. (citing Wolff, 418 U.S. at 556–57)). “The Wolff Court also
taught that those constitutional safeguards should apply when inmates face
disciplinary solitary confinement.” Id.
“After Wolff, two Supreme Court decisions directly addressed whether and
when assignment to some form of segregation or solitary confinement could
deprive a prisoner of a liberty interest that would trigger due process protections:
Wilkinson v. Austin, 545 U.S. 209, 125 S.Ct. 2384, 162 L.Ed.2d 174 (2005), and Sandin
v. Conner, 515 U.S. 472, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995).” Id. “In Sandin, the
Supreme Court held that thirty days of disciplinary segregation ‘did not present
the type of atypical, significant deprivation in which a State might conceivably
create a liberty interest.’” Id. (quoting Sandin, 515 U.S. at 486)). “In Wilkinson,
prisoners were assigned to a maximum-security prison, placed in segregated
confinement for an indefinite duration, and ‘deprived of almost any
environmental or sensory stimuli and of almost all human contact.’” Id. (quoting
Wilkinson, 545 U.S. at 214)). “The Supreme Court wrote that although ‘any of these
conditions standing alone might not be sufficient to create a liberty interest, taken
together they impose an atypical and significant hardship within the correctional
context.’” Id. (quoting Wilkinson, 545 U.S. at 224)).
Therefore, “Sandin and Wilkinson establish that disciplinary segregation can
trigger due process protections depending on the duration and conditions of
segregation.” See Marion v. Columbia Correctional Institution, 559 F.3d 693, 697 (7th
Cir. 2009). In considering such a Due Process claim, courts must analyze “the
combined import of the duration of the segregative confinement and the conditions
endured by the prisoner during that period” to determine whether solitary
confinement deprives a prisoner of a liberty interest warranting due process
protections.” Id. A liberty interest may arise “if the length of segregated
confinement is substantial and the record reveals that the conditions of
confinement are unusually harsh.” Id. at 697–98; Ealy v. Watson, 109 F.4th 958, 964–
65 (7th Cir. 2024) (assuming liberty interest implicated by five months in
disgusting solitary conditions); Marion, 559 F.3d at 698–99 & n.3 (roughly eight
months of solitary confinement required remand for factual inquiry into liberty
interest; collecting cases remanding where solitary confinement lasted as few as
75 days). In sum, “[w]hen a prisoner is subjected to a lengthy period of
segregation, the duration of that confinement itself may be atypical and
significant.” Jackson, 2025 WL 2437947, at * 6 (internal quotation omitted).
B
Defendants have raised a host of reasons why they are entitled to summary
judgment on Plaintiff’s Due Process claims against them, but the Court need focus
on only two in finding that Defendants are entitled to summary judgment. First,
Defendants are entitled to summary judgment because they are immune from
Plaintiff’s claim based upon the doctrine of qualified immunity.
“Qualified immunity protects government officials from civil liability when
performing discretionary functions so long as their conduct does not violate
clearly established statutory or constitutional rights of which a reasonable person
would have known.” Alvardo v. Litscher, 267 F.3d 648, 652 (7th Cir. 2001) (internal
quotation marks and citation omitted).
To overcome a qualified immunity defense, “a plaintiff must show the
deprivation of a constitutional right, and must also show that the right was clearly
established at the time of the violation.” Walker v. Benjamin, 293 F.3d 1030, 1037
(7th Cir. 2002) (citing Alvarado, 267 F.3d at 652). To show that a right is clearly
established, the burden is on the plaintiff to “demonstrate that existing caselaw at
the time of the events in question ‘placed the statutory or constitutional question
beyond debate.’” Dockery v. Blakcburn, 911 F.3d 458, 466 (7th Cir. 2018). “A
violation is only clearly established where: (1) a closely analogous case establishes
that the conduct is unconstitutional; or (2) the violation is so obvious that a
reasonable state actor would know that his actions violated the Constitution.” Nur
v. Hyatte, 2025 WL 2718509, * 4 (N.D. Ind. Sept. 22, 2025) (citing Siebert v. Severino,
256 F.3d 648, 654-55 (7th Cir. 2001)). “[A] defendant cannot be said to have violated
a clearly established right unless the right’s contours were sufficiently definite that
any reasonable official in the defendant’s shoes would have understood that he
was violating it.” Plumhoff v. Rickard, 572 U.S. 765, 778-79 (2014).
The facts involved in the instant case is very similar to those involved in
Jackson in which the Seventh Circuit found that the defendants were protected
from liability based upon the doctrine of qualified immunity because it was not
clearly established in March 2020 that housing an inmate in disciplinary
segregation for three months in a cell that contained feces and urine on the walls
created a protected liberty interest that implicated due process concerns. Jackson,
2025 WL 2437947, at * 8. Similarly, Plaintiff has not identified any case law showing
that it was clearly established at the time of his disciplinary proceedings in late
2021 and 2022 that housing an inmate in segregation for forty-days (45) days
violated the inmate’s Due Process rights, especially where the inmate has offered
no evidence regarding the conditions in segregation.
In fact, the law in Plaintiff’s case is even less “clearly established” than in
Jackson, because Plaintiff’s stay in segregation was either based upon his choice or
due to the fact that his disciplinary charges were being investigated. While the
Supreme Court concluded in 1995 that an inmate in disciplinary segregation could
have a protected liberty interest under certain circumstances, the caselaw in 2020
was unclear whether inmates in discretionary segregation could ever have a
protected liberty interest. See Williams, 849 F.3d Appx. At 157 n. 3 (noting that
“some cases suggest that nonpunitive segregation can never implicate a liberty
interest,” but “more recent cases question that conclusion.”).
Moreover, Plaintiff has failed to cite any case law (and the Court could find
none) that showed that it was clearly established in late 2021 and in 2022 that
telephone restrictions, commissary restrictions, and small monetary fines could
constitute a violation of a detainee or inmate’s Due Process rights. In his response,
Plaintiff alleges that it was clearly established in 2021 that he was possessed Due
Process rights to a hearing and that he had a liberty interest that Defendants
violated.
However, the Supreme Court has “repeatedly told courts . . . not to define
clearly established law at a high level of generality” and has reversed federal
courts in qualified immunity cases where the lower courts “wrongly subject
individual officers to liability.” City & County of San Francisco v. Sheehan, 575 U.S.
600, 611 & n.3 (2015) (internal quotation marks and citation omitted). Plaintiff has
only asserted a generalized right to Due Process under the Fourteenth
Amendment, which is insufficient to preclude Defendants’ assertion of qualified
immunity.2 Therefore, Defendants are entitled to summary judgment on
Plaintiff’s Due Process against them because they are immune from that claim
based upon the doctrine of qualified immunity.
C
Second, Defendants Sheriff Campbell and Jail Administrator Beck are
entitled to summary judgment on Plaintiff’s claim against them in their official
2 Plaintiff argues that state laws and state regulations governing the conducts of
jail officials in the State of Illinois show that his rights were “clearly established at
the time.” However, public officials who have been sued for Constitutional
violations “do not lose their qualified immunity merely because their conduct
violates some statutory or administrative provision.” Davis v. Scherer, 468 U.S. 183,
194 (1984). Rather, public officials lose their qualified immunity status only if the
plaintiff can show the violation of a clearly established Constitutional right. Id.;
Kraushaar v. Flanigan, 45 F.3d 1040, 1049 (7th Cir. 1995) (holding that an officer’s
failure to follow procedures that are required by state law, but not by the federal
Constitution, establishes only a violation of state law); Case v. Kitsap County
Sheriff’s Dep’t, 249 F.3d 921, 929 (9th Cir. 2001) (noting that whether an agent’s
conduct violates internal departmental policy is “simply irrelevant to the question
of [his] eligibility for qualified immunity in a suit over the deprivation of a
constitutional right”) (internal quotation marks omitted); Herring v. Keenan, 218
F.3d 1171, 1180 (10th Cir. 2000) (holding that a violation of internal procedures by
a probation officer does not constitute violation of a clearly established
Constitutional right).
capacities. As noted in the Merit Review Order, in addition to suing them in their
individual capacities, Plaintiff has sued Sheriff Campbell and Jail Administrator
Beck in their official capacities D/E 7. Plaintiff may only proceed for injunctive or
declaratory relief against a defendant in his or her official capacity if he alleges an
ongoing Constitutional violation. Virginia Office for Prot. & Advoc. v. Stewart, 563
U.S. 247, 254–55 (2011) (citing Ex parte Young, 209 U.S. 123 (1908)).
Here, Plaintiff’s allegations describe violations of his rights that occurred in
the past. In addition, Plaintiff is no longer housed at the Jail. Instead, Plaintiff is
now in the IDOC’s custody. Salahuddin v. Goord, 467 F.3d 263, 272 (2d Cir. 2006)
(holding that an inmate’s transfer from a correctional facility generally moots
claims for declaratory and injunctive relief against officials at that facility).
Accordingly, Plaintiff’s claims against Sheriff Campbell and Jail Administrator
Beck in their official capacities are moot, and they are dismissed.
IT IS, THEREFORE, ORDERED:
1. Plaintiff’s motion to for leave to file an amended complaint [47] is
DENIED.
2. Defendants’ motion for summary judgment [45] is GRANTED.
3. Accordingly, the Clerk of the Court is directed to enter judgment in
all Defendants’ favor and against Plaintiff.
4. All other pending motions are denied as moot, and this case is
terminated. All deadlines and settings on the Court’s calendar are vacated.
5. If he wishes to appeal this judgment, Plaintiff must file a notice of
appeal with this Court within thirty (30) days of the entry of judgment. Fed. R.
App. P. 4(a)(4).
6. If he wishes to proceed in forma pauperis on appeal, Plaintiff’s
motion for leave to appeal in forma pauperis must identify the issues that he will
present on appeal to assist the Court in determining whether the appeal is taken
in good faith. Fed. R. App. P. 24(a)(1)(c); Celske v. Edwards, 164 F.3d 396, 398 (7th
Cir. 1999) (an appellant should be given an opportunity to submit a statement
of his grounds for appealing so that the district judge “can make a responsible
assessment of the issue of good faith.”); Walker v. O’Brien, 216 F.3d 626, 632 (7th
Cir. 2000) (providing that a good faith appeal is an appeal that “a reasonable
person could suppose . . . has some merit” from a legal perspective).
7. If he chooses to appeal, Plaintiff will be liable for the $605.00
appellate filing fee regardless of the outcome of the appeal.
It is so ordered.
Entered: September 30, 2025
s/Jonathan E. Hawley
U.S. District Judge