Milan Dale Smith Jr.

How Judge Smith rules, drawn from 39 signed orders. Every observation links to the order it came from.

Court
U.S. Court of Appeals for the Ninth Circuit
Position
Circuit judge
Appointed by
George W. Bush (Republican)
Commissioned
May 18, 2006
ABA rating
Well Qualified
Education
Brigham Young University, B.A., 1966; University of Chicago Law School, J.D., 1969
Signed orders read
39

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).

Key rules from these orders · The court's local rules ↗

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.

Brown v. Duringer Law Group PLC
· 2023-11-21
Appeal (tenants appellants) Granted

“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.”

Roberts v. Springfield Utility Board
· 2023-05-12
Appeal (employee plaintiff appellant) Denied

“AFFIRMED.”

Holley-Gallegly v. TA Operating, LLC
· 2023-07-21
Appeal (employer appellant) Granted

“VACATED and REMANDED.”

Lee v. Fisher
· 2022-05-13
Appeal (shareholder plaintiff appellant) Denied

“AFFIRMED.”

Roth v. Foris Ventures, LLC
· 2023-11-13
Appeal (shareholder plaintiff appellant) Granted in part

“AFFIRMED IN PART AND REVERSED AND REMANDED IN PART.”

Tong v. United States
· 2023-09-05
Habeas application (federal prisoner applicant) Denied

“APPLICATION DENIED and PETITION TRANSFERRED.”

Stafford v. Rite Aid Corp.
· 2021-05-21
Appeal (defendant appellant) Denied

“AFFIRMED.”

Saddozai v. Davis
· 2022-05-23
Appeal (prisoner plaintiff appellant) Granted

“REVERSED and REMANDED.”

Kimball-Griffith, L.P. v. Burman
· 2023-05-10
Appeal (landowner appellant) Denied

“we AFFIRM the district court.”

Calvary Chapel Dayton Valley v. Sisolak
· 2020-12-15
Appeal (church appellant) Granted

“REVERSED AND REMANDED.”

Burgos v. Madden
· 2023-08-25
Appeal (habeas petitioner appellant) Denied

“AFFIRMED.”

Galanti v. Nevada Department of Corrections
· 2023-04-25
Appeal (prisoner plaintiff appellant) Granted in part

“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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