Roy Mahlon Shelbourne
Judge Shelbourne no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Shelbourne decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Shelbourne treated the whole administrative record, including objective medical findings, as the measure of whether substantial evidence supported a benefits denial.
“the scope of review in this Court is limited and the question to be determined is whether the referee’s conclusion is supported by substantial evidence in the record as a whole.”
Shelbourne classified construction workers by the practical independence of their work rather than the government's payroll-tax label.
“It is concluded that the defendant, Inter-State Construction Company, Inc., is not subject to Federal Insurance Contributions Act and Federal Unemployment Tax Act”
Procedural preferences
Shelbourne allowed amendment after verdict when the existing facts supported federal jurisdiction and dismissal would elevate pleading form over adjudicated substance.
“For this Court to nullify the efforts and expense of the plaintiffs and defendants which culminated in the judgment based upon the verdict of the jury in this action would be substituting form for substance.”
Shelbourne required state prisoners to exhaust available state procedures before invoking federal habeas jurisdiction.
“The Court is without jurisdiction to entertain petitioner’s application in this proceeding.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“An order overruling plaintiff’s motion to vacate his judgment of conviction is this day entered.”
“IT IS ORDERED that this action be and same hereby is remanded to the Jefferson Circuit Court.”
“It is ordered that the petition be and same hereby is denied and dismissed.”
“It is ordered that the petition be and same hereby is denied and dismissed.”
“Respondent’s motion to dismiss is sustained and it is ordered that the petition for writ of habeas corpus be and same hereby is dismissed.”
“the complaint and third-party complaint in this action should be dismissed with costs against the plaintiff as permitted by law”
“A judgment dismissing the complaint will be submitted by counsel for the defendant upon notice to plaintiff in accordance with the local rules of this Court.”
“The petitioner’s motion is denied.”
“The complaint in this action is hereby dismissed and defendant’s counsel, on notice to counsel for the Government, will submit judgment accordingly.”
“The defendant’s motion for summary judgment is overruled.”
“The plaintiff’s motion for summary judgment is sustained and his counsel will submit appropriate judgment in accordance with this conclusion.”
“the defendant’s motion for summary judgment be sustained”
“the plaintiff’s motion for summary judgment be overruled”
“It Is Therefore Ordered that the defendant’s motion for summary judgment be and same hereby is granted, the complaint is dismissed, and the defendant is awarded its costs herein.”
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions span criminal collateral review, benefits, taxation, labor, bankruptcy, civil procedure, and federal jurisdiction. This publication-selected sample cannot support a career-wide caseload estimate.
A historical record
Judge Shelbourne 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.