Kelly Fitzgerald Pate
How Judge Pate decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
At the motion-to-dismiss stage in a prisoner excessive-force case, will consider body-camera video and a police report attached to the defense brief -- not just the complaint -- when the plaintiff's own pleading relies on their contents and does not dispute their authenticity, applying the incorporation-by-reference doctrine rather than converting the motion to one for summary judgment.
“Edgar concedes that the two body-camera videos from June 22, 2021, are properly considered by the Court, as they are incorporated in the Amended Complaint... Here, the Court finds that all three of these elements are met with respect to the police report. First, it is central to Edgar's claims.”
Procedural preferences
In Social Security appeals, where the parties file supporting and opposition briefs rather than a formal cross-motion, construes the claimant's brief as a motion for summary judgment and the Commissioner's opposition brief as a cross-motion for summary judgment before ruling.
“The Court construes Plaintiff's supporting brief (Doc. 15) as a motion for summary judgment and the Commissioner's opposition brief (Doc. 16) as a motion for summary judgment; it is ORDERED as follows: 1) Plaintiff's Motion for Summary Judgment (Doc. 15) is DENIED; 2) The Commissioner's Motion for Summary Judgment (Doc. 16) is GRANTED; and 3) The Commissioner's decision is AFFIRMED.”
Denies a pending motion to dismiss as moot -- rather than ruling on its merits -- once a plaintiff files an amended complaint, requiring the defense to re-file against the new pleading instead of resting on the first motion.
“ORDER DENYING as moot 14 MOTION to Dismiss; further ORDERED that all Defendants must respond to Plaintiff's Amended Complaint by 9/22/2021.”
Screens pro se prisoner and habeas filings for venue quickly and sua sponte: when the underlying conviction, the correctional facility, or the named defendants are outside the Middle District, she transfers -- rather than dismisses -- the case to the correct district, expressly noting the transfer decides nothing about the merits.
“Accordingly, the undersigned Magistrate Judge RECOMMENDS this case be TRANSFERRED to the United States District Court for the Northern District of Alabama under 28 U.S.C. § 2241(d).”
Cautions
Will dismiss a case for failure to prosecute once a warned pro se plaintiff misses a court-ordered response deadline, even without a defense motion, invoking the court's inherent docket-management authority under Rule 41(b).
“Because of Plaintiff's failure to comply with the order of the Court, the undersigned concludes this case is due to be dismissed without prejudice... The authority of courts to impose sanctions for failure to prosecute or obey an order is longstanding and acknowledged by Rule 41(b) of the Federal Rules of Civil Procedure.”
On a renewed motion to dismiss an amended complaint, will split the prejudice determination by claim type in a single order -- dismissing the federal claims with prejudice once the plaintiff has already had a chance to amend, while dismissing pendent state-law claims without prejudice so they may be refiled in state court.
“Defendants' Motion to Dismiss (Doc. 30) is GRANTED. All of Edgar's federal claims are DISMISSED with prejudice. All claims asserted against fictitious parties are DISMISSED. Edgar's state-law claims are DISMISSED without prejudice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the undersigned Magistrate Judge RECOMMENDS this case be TRANSFERRED to the United States District Court for the Northern District of Alabama pursuant to 28 U.S.C. § 2241(d).”
“Accordingly, the undersigned Magistrate Judge RECOMMENDS this case be TRANSFERRED to the United States District Court for the Northern District of Alabama under 28 U.S.C. § 2241(d).”
A sua sponte recommendation transferring a pro se prisoner's Section 1983 food-and-sanitation claim to the Northern District of Alabama under 28 U.S.C. Section 1391(b) and Section 1406(a), the district where the correctional facility was located; this venue determination did not rule on a party motion.
Caseload & timing
From public federal docket records for this judge.
Pate's consent docket is led by Social Security disability appeals and also includes employment discrimination, prisoner medical-care and excessive-force claims, commercial contract and insurance disputes, and consumer-credit matters.
Put Judge Pate's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Pate actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Pate's own signed orders and cites them.