Charles Randolph Butler Jr.

U.S. District Court for the Southern District of Alabama district Appointed by Ronald Reagan (Republican) 17 signed orders read

How Judge Butler decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Concessions in the plaintiff's own response brief effectively decide the motion: in more than one case the judge granted dismissal or summary judgment squarely because the opposing party's own filing had conceded the dispositive point, rather than the moving party's affirmative showing.

“In his responses (Docs. 22, 23 & 24), Plaintiff concedes that he is not entitled to recover punitive damages against the City of Mobile and that the City of Mobile, AL Police Department and Chief of Police James H. Barber are not proper defendants. Therefore, the motions to dismiss and the motion to strike are hereby GRANTED.”

In distinguishing a party's cited authority, he looks closely at whether the earlier case's jurisdictional basis and legal theory actually match the case before him, rather than accepting a superficially similar caption or fact pattern.

“The instant case is not controlled by Blackmon for several reasons. First and foremost, no party has asserted jurisdiction under Ala. Code § 35-11-373, which was the only basis for subject matter jurisdiction in that case. Second, this case does not involve the determination of the amount of a hospital lien or the lien statute.”

Procedural preferences

He routinely resolves prisoner and habeas matters by adopting a magistrate judge's report and recommendation after a de novo review of any objected-to portions, rather than independently re-drafting the analysis, and applies this same adoption pattern to attorney's-fee and Social Security remand rulings.

“After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Recommendation to which objection is made, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court.”

For habeas and section 2255 dismissals he consistently rules on a certificate of appealability in the same order, rather than leaving it for a separate filing, applying the same 'debatable among jurists of reason' standard each time.

“A certificate of appealability may be issued only where the applicant has made a 'substantial showing of the denial of a constitutional right.'... None of the claims raised in petitioner's § 2255 motion meet this threshold. Accordingly, the certificate of appealability is DENIED.”

Cautions

He is willing to split a single summary-judgment motion into different outcomes claim-by-claim rather than deciding it as a package, so a defendant's motion covering several counts can win on some and lose on others in the same order.

“Defendant's motion for summary judgment is DENIED, in part, with respect to Plaintiff's declaratory judgment claim (Count 4) and Plaintiff's request for attorney's fees... summary judgment is GRANTED, in part, with respect to that claim.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Luker v. Steele
1:11-cv-00341-CB-B · 2013-09-09
Summary judgment (defendant) Granted

“This matter is before the Court on the Report and Recommendation of the Magistrate Judge recommending that summary judgment be granted in favor of Nicole Steele, the only remaining defendant... the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is hereby ADOPTED as the opinion of the Court. Accordingly, this action is DISMISSED with prejudice.”

Motions to transfer (plaintiff) Denied

“The motion to transfer is denied because Escambia County, the place where the warrant was signed, is in the Southern District of Alabama.”

United States v. Moulds
00-00151 / Civil Action No. 03-0782-CB · 2005-05-23
Motions to dismiss (government) Granted

“Accordingly, the government's motion to dismiss is GRANTED. It is ORDERED, ADJUDGED and DECREED that petitioner's motion to vacate, set aside or correct sentence be and hereby is DISMISSED with prejudice.”

United States v. Antonio Demond Smith
05-00231-CB / 11-00523-CB · 2016-06-30
Motion to vacate sentence 2255 (defendant) Denied

“Therefore, the current motion is due to be and hereby is DENIED as a second or successive petition filed without authorization from the appellate court... Accordingly, the certificate of appealability is DENIED.”

Bass-El v. District Attorney, Mobile County
CA 16-0239-CB-C · 2016-07-07
Habeas petition (petitioner) Moot / procedural

“petitioner's habeas corpus petition, which the Court construes as having been filed pursuant to 28 U.S.C. § 2241, be DISMISSED WITHOUT PREJUDICE due both to his failure to prosecute this action and, also, due to his failure to exhaust all available state court remedies.”

USA Hospitals v. Kemp
15-00332-CB-M · 2015-07-27
Motions to dismiss (defendant) Denied

“Kemp's motion to dismiss or to stay rests entirely on Univ. of S. Ala. Hosps. v. Blackmon... The instant case is not controlled by Blackmon for several reasons... For the foregoing reasons, Defendant's motion to dismiss or, alternatively, to stay is DENIED.”

Lewis v. Stewart
15-00273-CB-N · 2016-07-07
Habeas petition (petitioner) Denied

“Petitioner James Lewis's 28 U.S.C. § 2241 habeas petition (Doc. 1)... [is] DENIED; this action is DISMISSED with prejudice... the Court finds that Lewis not entitled to either a Certificate of Appealability or to appeal in forma pauperis.”

Auzenne v. McCrory
08-571-CB-N · 2010-07-19
Summary judgment (defendant) Granted

“It is ORDERED that the Respondent's Motion for Summary Judgment is GRANTED, and that plaintiff's claims brought pursuant to 28 U.S.C. § 1983 are DISMISSED with prejudice.”

James v. City of Mobile
15-00524-CB-M · 2016-04-25
Motions to dismiss (defendant) Granted

“In his responses (Docs. 22, 23 & 24), Plaintiff concedes that... the City of Mobile, AL Police Department and Chief of Police James H. Barber are not proper defendants. Therefore, the motions to dismiss and the motion to strike are hereby GRANTED.”

Motions to strike (defendant) Granted

“Plaintiff concedes that he is not entitled to recover punitive damages against the City of Mobile... Therefore, the motions to dismiss and the motion to strike are hereby GRANTED.”

Culbertson v. Barr
06-0722-CB-B · 2008-01-28
Summary judgment (defendant) Granted

“Since the flood damage was within policy limits, plaintiffs have suffered no damage from Thames Batre's alleged failure to increase coverage. Accordingly, for the reasons stated above, motion for summary judgment filed by defendant T&B Ltd. d/b/a Thames Batre Mattei Beville & Ison is hereby GRANTED.”

Waffensmith v. Mora
12-00055-KD-B · 2013-04-08
Summary judgment (defendant) Granted in part

“Defendant's motion for summary judgment is DENIED, in part, with respect to Plaintiff's declaratory judgment claim (Count 4) and Plaintiff's request for attorney's fees... Because Plaintiff has conceded the slander of title claim (Count 5), summary judgment is GRANTED, in part, with respect to that claim.”

Dorsey v. Hetzel
10-00362-CB-B · 2013-10-28
Habeas petition (petitioner) Denied

“It is ORDERED that Petitioner's petition for habeas corpus relief is hereby DENIED and, further, that a certificate of appealability is hereby DENIED.”

In re Horne (Mantiply v. Horne)
13-00258-CB-B · 2014-05-22
Motions to stay (appellant) Granted

“For the reasons set forth above, the motion for stay of execution of judgment is GRANTED. The supersedeas bond previously filed by the Appellant shall remain in the bankruptcy court during the pendency of the appeal.”

Caseload & timing

From public federal docket records for this judge.

His sampled docket spans prisoner civil-rights and Eighth Amendment medical-care suits, Social Security disability appeals, an ERISA-adjacent insurance dispute resolved on a voluntary dismissal, and a Title VII employment-retaliation suit against a municipal employer, drawn from both his Southern and Northern Division caseload in Mobile and Selma-area matters.

Put Judge Butler's record to work

Ezel drafts and answers grounded in this exact profile: how Judge Butler actually rules, not a generic AI guess.

Opens in Ezel Pro. Every answer is grounded in Judge Butler's own signed orders and cites them.