Barbara A. McAuliffe
How Judge McAuliffe rules, drawn from 8 signed orders. Every observation links to the order it came from.
How Judge McAuliffe decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On summary judgment, contemporaneous video evidence can overcome a litigant's unsupported recollection when the footage directly contradicts the asserted facts; she still views any points not contradicted by the recording in the nonmovant's favor.
“Plaintiff’s assertions regarding his contact with Defendant Rivera are contradicted by the video footage, which demonstrates not only that Defendant Rivera did not witness the altercation, but also that at all times during his interactions with Defendant Rivera, Plaintiff was conscious, responsive, coherent, able to stand and walk on his own, and that Plaintiff declined medical treatment when asked.”
Procedural preferences
On nondispositive matters within her direct authority as a magistrate judge (such as a request to substitute counsel) McAuliffe rules by order rather than by recommendation to the district judge.
“The Court HEREBY ORDERS that the request for substitution, (ECF No. 15), is GRANTED.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
In a prisoner civil-rights case temporarily referred to her, McAuliffe recommended dismissal without prejudice after the plaintiff stopped updating his address and court mail was repeatedly returned as undeliverable. District Judge Kirk E. Sherriff adopted the recommendation after de novo review. Applying the five-factor failure-to-prosecute test, she found dismissal appropriate because the plaintiff had ceased communicating and no lesser sanction was available.
During statutory screening of a pro se prisoner's amended complaint, McAuliffe found the pleading failed Rule 8 and did not state an Eighth Amendment claim. The allegations described verbal sexual harassment without physical contact, which the cited circuit authority did not treat as sufficiently serious to violate the Constitution. Because the plaintiff had already received an opportunity to amend, she recommended dismissal without further leave.
“The Court HEREBY ORDERS that the request for substitution, (ECF No. 15), is GRANTED.”
After a pro se plaintiff appeared to miss the deadline for a second amended complaint, McAuliffe recommended dismissal for failure to obey court orders, prosecute, or state a claim. When the new complaint was docketed the next day with a timely filing date, she promptly vacated that recommendation and returned the case to screening.
“For the reasons stated, Defendants’ motion to dismiss is GRANTED IN PART and DENIED IN PART as follows:”
“Plaintiff Jacob Payne’s Motion for Leave to File Surreply in Response to Defendants Morse and Pfeiff’s Reply in Support of Motion for Summary Judgment, (Doc. 137), is DENIED.”
“The Morse and Pfeiff Defendants’ Motion for Summary Judgment, (Doc. 115), is GRANTED.”
“Accordingly, it is HEREBY RECOMMENDED that Defendants’ motion for summary judgment, (ECF No. 67), be GRANTED.”
After two unsuccessful service attempts and an opportunity to provide identifying information, the magistrate judge recommended dismissing an unserved defendant without prejudice under Rule 4(m). This was a court-initiated recommendation rather than a ruling on a party motion.
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Ezel grounds your drafting and research in this profile: what has persuaded Judge McAuliffe, and what has not, cited to the signed orders.
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