Allison Claire

How Judge Claire rules, drawn from 15 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Eastern District of California
Position
Magistrate judge
Commissioned
2012-11
Education
University of California, Santa Cruz (B.A., 1990); University of California, Berkeley (J.D., 1993)
Signed orders read
15

About Judge Claire

Allison Claire is a United States Magistrate Judge in the Sacramento Division of the Eastern District of California. Appointed in November 2012, she previously worked in the district’s Federal Defender office and clerked for District Judge Lawrence K. Karlton.

Judge Claire's practices and standing orders

Rules for cases before Judge Claire, as published on the court's website (checked October 9, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Motions

Judge Claire lists civil motions for Wednesdays at 10:00 a.m.

“Motion Type: Civil Day: Wednesdays* Time: 10:00 a.m.”

Motions

Judge Claire lists criminal motions for Mondays at 9:00 a.m.

“Motion Type: Criminal Day: Mondays* Time: 09:00 a.m.”

Motions

Contact the courtroom deputy for available motion hearing dates.

“*Contact courtroom deputy for available dates.”

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 9, 2026).

The court's local rules ↗

How Judge Claire decides

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

What persuades

In Avery v. Elia, she recommended dismissing the prisoner’s complaint without prejudice for failure to exhaust administrative remedies.

“Defendants' March 9, 2012 motion to dismiss be granted in part; ... Plaintiff's complaint be dismissed without prejudice for failure to exhaust administrative remedies”

In a consent Social Security appeal, she reversed the administrative decision after finding that the claimant’s hand and wrist evidence undermined the finding of nonseverity, including a possible closed period of disability.

“The ALJ erred in finding that plaintiff’s wrist and hand impairments were nonsevere”

Procedural preferences

In Jagerson v. Cate, she recommended dismissing the habeas petition because the challenged record did not clearly affect the duration of custody.

“Respondent's motion to dismiss this petition (ECF No. 19) be granted, and the petition be dismissed”

In Flagstar Bank, FSB v. Peterson, she recommended remanding the removed action because its state-law complaint supplied no federal claim.

“Plaintiff's motion to remand be granted; and ... This action be remanded to the Sacramento County Superior Court.”

Cautions

In Evi v. Commissioner of Social Security, she recommended denying the claimant’s summary-judgment motion and granting the Commissioner’s.

“Plaintiff's motion for summary judgment (ECF No. 10) be DENIED; ... The Commissioner's cross-motion for summary judgment (ECF No. 13) be GRANTED”

Signed rulings

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

Jagerson v. Cate
2:12-cv-01524-GEB-AC · 2013-06-03
Motions to dismiss (defendant) Granted

“Respondent's motion to dismiss this petition (ECF No. 19) be granted, and the petition be dismissed”

Hudson v. Bigney
2:11-cv-03052-LKK-AC · 2012-12-11
Motions to dismiss (defendant) Denied

“Defendants' motion to dismiss, filed on March 7, 2012 (Doc. No. 13), be denied”

Flagstar Bank, FSB v. Peterson
2:12-cv-01897-KJM-AC · 2012-12-03
Motions to remand (plaintiff) Granted

“Plaintiff's motion to remand be granted; and ... This action be remanded to the Sacramento County Superior Court.”

Avery v. Elia
2:11-cv-02528-KJM-AC · 2012-12-27
Motions to dismiss (defendant) Granted in part

“Defendants' March 9, 2012 motion to dismiss be granted in part; ... Plaintiff's complaint be dismissed without prejudice for failure to exhaust administrative remedies”

Preliminary injunction (plaintiff) Denied

“Plaintiff's March 12, 2012 motion for preliminary injunctive relief be denied.”

Williams v. Bank of America
2:12-cv-02513-JAM-AC · 2013-05-06
Motions to dismiss (defendant) Granted

“Defendants' January 2, 2013 motion to dismiss be granted; Plaintiff's federal claims be dismissed without leave to amend; Plaintiff's state law claims be dismissed without prejudice to renewal in state court.”

Johnson v. Gower
2:12-cv-03032-JAM-AC · 2013-06-28
Motions to dismiss (defendant) Granted

“Respondent's motion to dismiss (ECF No. 13) be granted on the alternate grounds that the petition is moot and that it does not come within this court's habeas corpus jurisdiction”

Dunmore v. Dunmore
2:11-cv-02867-MCE-AC · 2013-03-07
Motions to dismiss (plaintiff) Granted in part

“Plaintiff's August 29, 2012 motion to dismiss and/or strike be granted in part. ... The motion should be granted in all other respects.”

Evi v. Commissioner of Social Security
2:24-cv-00319-DC-AC · 2024-12-18
Social security appeal (claimant) Denied

“Plaintiff's motion for summary judgment (ECF No. 10) be DENIED; ... The Commissioner's cross-motion for summary judgment (ECF No. 13) be GRANTED”

Cheung v. Department of Veterans Affairs
2:23-cv-01731-DJC-AC · 2024-12-23
Motions to dismiss (defendant) Granted

“The undersigned recommends that defendant’s motion to dismiss (ECF No. 19) be GRANTED and that plaintiff’s claims of age discrimination, disability discrimination, and whistleblower retaliation be dismissed without leave to amend.”

Smith v. Home Depot
2:24-cv-01192-DAD-AC · 2025-02-11
Motions to dismiss (defendant) Granted

“the undersigned recommends that defendant’s motion to dismiss (ECF No. 21) be GRANTED, and that plaintiff be granted LEAVE TO AMEND as to his Title VII hostile work environment claim only.”

Dounce v. Commissioner of Social Security
2:24-cv-02518-AC · 2025-09-24
Social security appeal (claimant) Granted

“Plaintiff’s motion for summary judgment (ECF No. 11) is GRANTED; 2. The Commissioner’s cross-motion for summary judgment (ECF No. 14) is DENIED; 3. This matter is REMANDED to the Commissioner for further consideration consistent with this order”

Foster v. Ramirez
2:24-cv-02800-WBS-AC · 2025-02-13

Sua sponte findings and recommendations in a Section 2254 habeas matter recommending dismissal without prejudice for failure to prosecute and failure to comply with a court order, after the court's IFP order was repeatedly returned as undeliverable and the petitioner never updated his address of record. No party motion was before the court. Verbatim recommendation: 'IT IS HEREBY RECOMMENDED that this action be dismissed for without prejudice for failure to prosecute, see L.R. 183(b), and failure to comply with this court’s order, see L.R. 110.' Signer identity confirmed by the -AC caption, the magistrate-judge findings-and-recommendations format, and the record's own filing text stating the order was signed by Magistrate Judge Allison Claire on 2/13/2025.

Caseload & timing

From public federal docket records for this judge.

  • Allison Claire is the consent (636(c)) assigned magistrate judge on a Sacramento docket dominated by Social Security appeals; she is the judge who enters the final consent judgment.
  • Many of these dockets were opened and screened by predecessor magistrate judges before reassignment to her.
  • Her broader docket also carries referred prisoner civil-rights (42 U.S.C. 1983), state habeas (28 U.S.C. 2254), and removed civil and mortgage matters.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months43
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years4
ReportMotions over six monthsCases over three years
Mar 2026434
Sep 2025243
Mar 2025142
Sep 2024252
Mar 2024274
Sep 2023287
Mar 2023115
Sep 2022212
Mar 2022255
Sep 2021144
Mar 2021215
Sep 2020151

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of United States District Court for the Eastern District of California, not for Judge Claire: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed2,9848.1 months
Closed with no court action1,0295.5 months
Closed before pretrial1,8999.1 months
Closed during or after pretrial3629.9 months
Closed during trial2050.5 months
12 months endingCases closedMedian time
Sep 20252,9848.1 months
Sep 20242,5759.2 months
Sep 20232,52810.5 months
Sep 20222,62411.2 months
Sep 20212,3169.9 months
Sep 20202,3199.2 months
Sep 20192,56210.3 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

Draft for Judge Claire with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Claire, and what has not, cited to the signed orders.

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