Edward R. Becker
How Judge Becker rules, drawn from 30 signed orders. Every observation links to the order it came from.
Judge Becker no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Becker decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Broad statutory terms covering all operations of state or local agencies encompass correctional programs. The ordinary meaning of public programs and activities did not support excluding prisons from disability-law coverage.
“It is hard to imagine how state correctional programs would not fall within this broad definition.”
When contractual language reasonably supports competing meanings, summary judgment based on a supposedly plain reading is premature and extrinsic evidence should be considered to determine the parties' obligations.
“As with any ambiguous term, the district court should have admitted extrinsic evidence to ascertain its meaning.”
Procedural preferences
Whether a state post-conviction application was properly filed turns on compliance with procedural filing requirements, not on whether the underlying claims have merit.
“Rather, in considering whether a petition for post-conviction relief is properly filed, district courts should not inquire into its merits.”
Cautions
A federal prisoner who loses the administrative review path through procedural default cannot obtain habeas review of a disciplinary challenge without showing both cause for the default and resulting prejudice.
“In sum, we hold that a federal prisoner who challenges a disciplinary proceeding within a federal institution, fails to exhaust his administrative remedies because of a procedural default, and subsequently finds closed all additional avenues of administrative remedy, cannot secure judicial review of his habeas claim absent a showing of cause and prejudice.”
A due-process reputation claim requires proof that the materially false governmental statement itself caused the reputational harm. Publicity about an undisputed investigation does not establish that causal link.
“As we have stated, Ersek must show that the false comments made by the Township caused him some harm.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“we will affirm the judgment of the district court.”
“The judgment of the district court will be affirmed.”
“The judgment of the district court will be affirmed.”
“we will reverse as an abuse of discretion the district court's order denying Ramseur's motion under Fed.R.App.P. 4(a)(5) and will remand with directions to enter an order extending the time for appeal and accepting”
“We will therefore vacate the judgment of the district court, and remand the case to that court with instructions to resentence the defendant.”
“The appeal will therefore be dismissed and the case remanded to the District Court of the Virgin Islands for further proceedings.”
“The order of the district court dismissing Story's federal habeas petition will be reversed and the ease remanded to the district court for consideration of the petition on the merits.”
“The judgment of the district court will be reversed, and the case remanded for resen-tencing consistent with this opinion.”
“we will vacate the district court's order and remand the case to the district court with instructions to remand to the bankruptcy court for the purpose of conducting an adversary proceeding to determine whether Conte's conduct had the purpose of producing injury or was substantially certain to produce injury.”
“Accordingly, the judgment of the district court will be affirmed.”
A historical record
Judge Becker 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.