Wilborn v. Shicker et al
Plaintiff: Joseph Wilborn
Defendant: David Ealey, William Johnson, Bennett, Lloyd, Henry, Starkweather, A. Walter, Rees, Sort Team Drivers, Tac Team, Shelby Dunn, Lakeisha Hamby, Christopher Phemister and Other Unknown Staff
Case Number: 3:2013cv00070
Filed: January 22, 2013
Court: U.S. District Court for the Southern District of Illinois
Office: East St. Louis Office
County: XX US, Outside State
Presiding Judge: Philip M. Frazier
Presiding Judge: J. Phil Gilbert
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 20, 2016 Opinion or Order Filing 357 MEMORANDUM AND ORDER, denying 356 MOTION for rule 59 filed by Joseph Wilborn. Signed by Judge J. Phil Gilbert on 5/20/2016. (jdh)
May 11, 2016 Opinion or Order Filing 346 MEMORANDUM AND ORDER, The Court OVERRULES Wilborn's objection to costs (Doc. 340) but will reduce the amount of costs requested to $150. Signed by Judge J. Phil Gilbert on 5/11/2016. (jdh)
May 10, 2016 Opinion or Order Filing 341 MEMORANDUM AND ORDER, denying 335 MOTION to Amend/Correct filed by Joseph Wilborn. Signed by Judge J. Phil Gilbert on 5/10/2016. (jdh)
May 3, 2016 Opinion or Order Filing 336 MEMORANDUM AND ORDER, denying 333 MOTION to Alter Judgment filed by Joseph Wilborn. Signed by Judge J. Phil Gilbert on 5/3/2016. (jdh)
March 23, 2016 Opinion or Order Filing 309 ORDER, the Court directs the issuance of a Writ of Habeas Corpus ad Testificandum for the production of Joseph Wilborn (a/k/a Joseph Wilbourn), IDOC #R17937, in person at the United States District Court at Benton, Illinois, on the 11th day of April, 2016, at the hour of 8:30 a.m., Signed by Judge J. Phil Gilbert on 3/23/2016. (jdh)
December 11, 2015 Opinion or Order Filing 287 MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 280 );DENIES the motion for summary judgment (Doc. 213 ) as to defendants Andrew Bennett, David Ealey, Sean Henry, William Johnson, James Lloyd, William Rees, Sean Starkweather , and Angela Walter; FINDS MOOT the motion for summary judgment (Doc. 213) as to defendants Ricky Daugherty, Douglas Mason, Shane Osman, Christopher Phemister, Derek Richardson, and Christopher Wehrenberg; DISMISSES without prejudice unnamed defendants Sort Team Drivers, Tac Team, Other Unknown Staff, and Unknown Lieutenant; and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 12/11/2015. (jdh)
November 16, 2015 Opinion or Order Filing 278 MEMORANDUM AND ORDER, the Court DENIES motion to clarify (Doc. 271 ) and motion for reconsideration (Doc. 274 ). Signed by Judge J. Phil Gilbert on 11/10/2015. (jdh)
September 11, 2015 Opinion or Order Filing 272 MEMORANDUM AND ORDER, The Court DENIES Wilborn's motion to alter or amend the Court's March 17, 2015, order (Doc. 204 ); REAFFIRMS the Court's original ruling granting Hamby and Dunns motion for summary judgment based on the failure t o exhaust for the reasons stated in the Court's March 17, 2015, order and supplemented by this order; DENIES Wilborn's motion for oral argument (Doc. 270 ); DENIES Daugherty, Richardson and Wehrenberg's motion for reconsideration of Magistrate Judge Fraziers October 28, 2014, order (Doc. 256 ); and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 9/11/2015. (jdh)
July 30, 2015 Opinion or Order Filing 250 ORDER, granting 248 MOTION to Continue MOTION to Clarify filed by Lakeisha Hamby, Shelby Dunn. Evidentiary Hearing reset for 8/26/2015 01:30 PM in Benton Courthouse before Judge J. Phil Gilbert. Signed by Judge J. Phil Gilbert on 7/30/2015. (jdh)
March 17, 2015 Opinion or Order Filing 202 MEMORANDUM AND ORDER, The Court ADOPTS the Report (Doc. 193 ) as MODIFIED by this order; OVERRULES Wilborns objections (Doc. 197 ); GRANTS the motion for summary judgment filed by Hamby and Dunn (Doc. 140 ); DISMISSES Wilborns claims in Count 5 (deliberate indifference to medical needs) against Hamby and Dunn without prejudice for failure to exhaust administrative remedies; and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 3/17/2015. (jdh)
November 19, 2013 Opinion or Order Filing 94 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 90 Report and Recommendations. See attached order for details. Signed by Judge J. Phil Gilbert on 11/19/2013. (tjk)
June 13, 2013 Opinion or Order Filing 39 IT IS HEREBY ORDERED that Plaintiff Wilborn's motion for reconsideration of the severance of Count 7-9 from this action (Docs. 24 , 35 ) is DENIED. The Clerk of Court is DIRECTED to have the record reflect that the Court's Order to Sh ow Cause (Doc. 33 ) has been SATISFIED by Plaintiff's response (Doc. 37 ). IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 1915, Plaintiff Wilborn's motions for pauper status and for service of summons and the complaint at government expense (Docs. 25 , 32 ) are GRANTED. Consequently, Plaintiff's motion for action on all pending motions (Doc. 38 ) is DENIED AS MOOT. The Clerk of Court shall prepare for Defendants DAVIS EALEY, WILLIAM JOHNSON, BENNETT, LLOYD, MR. HENRY, OFFICER STARKWEATHER, A. WALTER, REES, SHELBY DUNN, LAKEISHA HAMBY and CHRISTOPHER PHEMISTER: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). Signed by Judge J. Phil Gilbert on 6/13/2013. (tjk)
February 20, 2013 Opinion or Order Filing 23 ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier. IT IS FURTHER ORDERED that Counts 7-9 are SEVERED into three new cases. Plaintiff is ADVISED that if, for any reason, he does not wish to proceed with any or all of the newly-opened cases, he must notify the Court in writing on or before March 27, 2013. If Plaintiff desires to request the appointment of the United States Marshal to serve process on the Defendants, Plaintiff shall file a motion for service of process at government expe nse on or before March 27, 2013. The Clerk of Court is DIRECTED to mail to Plaintiff the Courts Pro Se Litigant Guide, containing forms and instructions for filing said motion, as well as a form motion for leave to proceed in forma pauperis. (Action due by 3/27/2013). Signed by Judge J. Phil Gilbert on 2/20/2013. (tjk)
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Search for this case: Wilborn v. Shicker et al
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Plaintiff: Joseph Wilborn
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Defendant: David Ealey
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Defendant: William Johnson
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Defendant: Bennett
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Defendant: Lloyd
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Defendant: Henry
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Defendant: Starkweather
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Defendant: A. Walter
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Defendant: Rees
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Defendant: Sort Team Drivers
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Defendant: Tac Team
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Defendant: Shelby Dunn
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Defendant: Lakeisha Hamby
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Defendant: Christopher Phemister
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Defendant: Other Unknown Staff
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