Wilborn v. Shicker et al

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)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOSEPH WILBORN,
Plaintiff,
v.

Case No. 13-cv-70-JPG-PMF

DAVID EALEY, et al.,
Defendants.
ORDER
This matter comes before the Court on the motion of defendants Lakeisha Hamby and
Shelby Dunn to continue the August 27, 2015, evidentiary hearing on plaintiff Joseph Wilborn’s
motion to reconsider and for clarification as to the matters on which the Court would like to take
evidence at that hearing (Doc. 248).
The Court GRANTS the motion (Doc. 248), VACATES the evidentiary hearing set for
August 27, 2015, and ORDERS that the hearing is changed to August 26, 2015, at 1:30 p.m. in
Benton, Illinois. The Court further CLARIFIES that it would like to explore at this hearing facts
regarding (1) whether Wilborn’s alleged September 23, 2011, sending of a grievance to his
counselor actually occurred, (2) whether those efforts, if they occurred, constituted filing a written
grievance under 20 Ill. Admin. Code 504.810(a) under the terms of the regulation or using another
“accepted means of submitting a grievance” within the prison, see Curtis v. Timberlake, 436 F.3d
709, 711-12 (7th Cir. 2005), and (3) any other factual matters made relevant by these specific
concerns.
IT IS SO ORDERED.
DATED: July 30, 2015
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE