Milan Dale Smith Jr.
How Judge Smith rules, drawn from 39 signed orders. Every observation links to the order it came from.
About Judge Smith
Milan Dale Smith, Jr. is a judge of the United States Court of Appeals for the Ninth Circuit. Appointed by President George W. Bush, Judge Smith received a commission on May 18, 2006.
Judge Smith's practices and standing orders
The court's website lists no individual practices or standing orders of Judge Smith's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).
How Judge Smith decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Holley-Gallegly v. TA Operating, Smith's opinion described an arbitration agreement that delegated questions about its interpretation and enforceability to the arbitrator. The panel vacated the district court's judgment and remanded.
“The Agreement included a delegation clause delegating to the arbitrator questions regarding the interpretation and enforceability of the Agreement.”
In Coffey v. Fast Easy Offer, Smith reversed dismissal of a TCPA claim after finding that the complaint adequately alleged calls and messages initiated to encourage purchases of brokerage services.
“The TCPA’s plain text, circuit precedent, and Coffey’s well- pleaded allegations provide a clear basis for decision at the motion to dismiss stage.”
Procedural preferences
Does not require evidentiary proof of citizenship when a removing defendant’s jurisdictional allegations are facially unchallenged.
“when a defendant’s allegations of citizenship are unchallenged, nothing more is required.”
In Saddozai v. Davis, Smith's opinion treated the prisoner's operative third amended complaint as the relevant pleading for the PLRA exhaustion analysis. The panel reversed and remanded.
“Plaintiff’s operative third amended complaint is the only relevant pleading for purposes of the PLRA exhaustion analysis.”
Cautions
In Roth v. Foris Ventures, Judge Smith left for the district court the unaddressed question whether Rule 16b-3(d) exempted the challenged transactions even if Foris was not a director by deputization.
“Accordingly, we leave it to the district court to address this potentially dispositive issue in the first instance.”
In Jessop v. City of Fresno, he held that officers accused of taking property during a warranted search were entitled to qualified immunity because the asserted Fourth and Fourteenth Amendment rights were not clearly established.
“Because Appellants did not have a clearly established Fourth or Fourteenth Amendment right to be free from the theft of property seized pursuant to a warrant, the City Officers are entitled to qualified immunity.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, the district court’s summary judgment order is REVERSED, and this case is REMANDED to the district court for further proceedings consistent with this opinion.”
“AFFIRMED IN PART AND REVERSED AND REMANDED IN PART.”
“APPLICATION DENIED and PETITION TRANSFERRED.”
“For these reasons, the district court’s decision granting Defendants’ motion to dismiss is AFFIRMED in part, REVERSED in part, and REMANDED.”
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