Richard Mansfield Bilby
Judge Bilby no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bilby decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Bilby imposed due-process liability when prison officials recalculated sentence credits after an expired sentence without notice or an opportunity to be heard.
“THEREFORE, IT IS ORDERED that Plaintiffs Motion for Summary Judgment is GRANTED on the issue of liability and that the Bureau of Prisons shall not recalculate jail credits on an expired sentence without due process of law by providing prior notice and an opportunity to be heard; Plaintiff is entitled to attorneys’ fees pursuant to 42 U.S.C. § 1988.”
He would halt agency-approved activity when the administrative record did not demonstrate the required environmental review and the balance of harms favored preservation.
“IT IS ORDERED that Plaintiffs’ Motion For Preliminary Injunction is GRANTED and a injunction shall issue ordering the United States Forest Service and John Be-dell, Forest Supervisor for the Apache-Sitgreaves National Forest, and the intervenor, Stone Southwest Corp., d/b/a/ Stone Forest Industries Inc., to halt all cutting of sawtimber on the Elk Timber Sale except that the intervenor may harvest any felled sawtimber previously designated by the Forest Service for harvesting in Payment Unit 7.”
Procedural preferences
He applied preclusion to bar a federal reprise of issues and claims fully litigated through a final state judgment and appeal.
“Accordingly, IT IS HEREBY ORDERED that Defendants’ Motion to Dismiss is GRANTED and this action is DISMISSED WITH PREJUDICE.”
He denied compulsory joinder where an absent insurer's interests were protected and the existing parties could obtain complete relief without exposing the defendant to inconsistent obligations.
“Accordingly, IT IS HEREBY ORDERED that defendant’s motion to compel joinder of party plaintiff be and is DENIED.”
Cautions
He required a summary-judgment opponent to submit admissible evidence rather than rest on allegations or denials when the movant established the statutory elements.
“The Plaintiff has come forward with nothing to rebut the Defendant’s evidence of knowledge.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the Joint Motion to Vacate Judgment and For Dismissal with Prejudice is GRANTED.”
“Based on and in consideration of the foregoing, the Plaintiffs’ Motion for Permanent Injunction is DENIED. Defendant’s Motion to Dismiss is GRANTED.”
“Therefore, IT IS ORDERED that the decision of the Bankruptcy Court is AFFIRMED.”
“THEREFORE IT IS ORDERED that Jeffrey Walsh’s Motion to Dismiss is DENIED. Sentencing set for December 28, 1994 at 9:15 a.m. is reaffirmed.”
“IT IS ORDERED that Defendant’s Motion to Reconsider Motion to Dismiss is DENIED.”
“IT IS ORDERED that the Defendant’s Motion to Dismiss is GRANTED, and that the case be DISMISSED with PREJUDICE.”
“IT IS ORDERED that the defendants’ motion for summary judgment is GRANTED. Judgment is entered for the defendants and against the plaintiff.”
“IT IS FURTHER ORDERED that the pendent state law claims are DISMISSED WITHOUT PREJUDICE.”
“Accordingly, IT IS HEREBY ORDERED that defendant’s motion to compel joinder of party plaintiff be and is DENIED.”
“IT IS ORDERED that Defendants’ Motion to Clarity and/or Amend Order of September 8, 1994 and Stone’s Motion to Amend Order and Request for Expedited Consideration are GRANTED to the following extent:”
“IT IS ORDERED that Plaintiffs’ Motion For Preliminary Injunction is GRANTED and a injunction shall issue ordering the United States Forest Service and John Be-dell, Forest Supervisor for the Apache-Sitgreaves National Forest, and the intervenor, Stone Southwest Corp., d/b/a/ Stone Forest Industries Inc., to halt all cutting of sawtimber on the Elk Timber Sale except that the intervenor may harvest any felled sawtimber previously designated by the Forest Service for harvesting in Payment Unit 7.”
“IT IS FURTHER ORDERED that intervenor, Stone Southwest Corp., d/b/a/ Stone Forest Industries Inc.’s Motion for Summary Judgment and Plaintiffs’ Motion to Strike are DENIED as moot.”
“The Court holds therefore that the automatic stay shall remain in full force and effect. Drexel is stayed from initiating a unilateral liquidation of the securities in Amcor’s account.”
“ORDERED that Plaintiffs Motion for Summary Judgment filed October 26, 1995 is DENIED and Defendant’s Motion for Summary Judgment filed February 5, 1996 is GRANTED; and the penalty is reduced from $10,000 to $1000.”
“IT IS FURTHER ORDERED that the Defendant’s Motion to Extend Discovery Deadline filed February 1, 1996 is DENIED AS MOOT.”
“THEREFORE, IT IS ORDERED that Plaintiffs Motion for Summary Judgment is GRANTED on the issue of liability and that the Bureau of Prisons shall not recalculate jail credits on an expired sentence without due process of law by providing prior notice and an opportunity to be heard; Plaintiff is entitled to attorneys’ fees pursuant to 42 U.S.C. § 1988.”
“IT IS FURTHER ORDERED that Defendants’ Motions for Summary Judgment on the Issue of Damages and Cross-Motion for Summary Judgment are DENIED.”
“Accordingly, IT IS HEREBY ORDERED that Defendants’ Motion to Dismiss is GRANTED and this action is DISMISSED WITH PREJUDICE.”
Caseload & timing
From public federal docket records for this judge.
The twenty located assigned cases include product liability, death-penalty and other habeas matters, prisoner civil rights, labor and contract disputes, government collection actions, and medical-malpractice litigation. All twenty were terminated; this is an early electronic slice rather than a complete account of the judge's caseload.
A historical record
Judge Bilby no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.