Carolyn K. Delaney
How Judge Delaney rules, drawn from 17 signed orders. Every observation links to the order it came from.
How Judge Delaney decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats interior immigration arrests after an earlier release as governed by the discretionary detention scheme in Section 1226(a), following the majority view among courts in the circuit rather than mandatory detention under Section 1225(b)(2).
“The undersigned agrees with this analysis and follows the majority view in finding that the applicable statute governing Petitioner’s detention here is § 1226(a), and not § 1225(b)(2).”
Procedural preferences
Resolves prisoner cross-motions for summary judgment by issuing findings and recommendations, which the assigned district judge adopted in full.
“FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/9/22 RECOMMENDING 111 Motion for Summary Judgment be granted, 120 Motion for Summary Judgment be denied, 121 Motion for TRO be denied and the action dismissed. [ADOPTED in FULL by District Judge Troy L. Nunley on 1/30/2023]”
In consent cases, enters final judgment directly rather than issuing a recommendation to a district judge.
“Defendants’ motion for summary judgment (ECF No. 32) is GRANTED. The Clerk of the Court shall enter judgment for defendants and close this case.”
Cautions
Recommends denying a prisoner-plaintiff's request for a temporary restraining order and dismissing the action.
“RECOMMENDING ... 121 Motion for TRO be denied and the action dismissed. [ADOPTED in FULL: 'DENYING 121 Motion for a Temporary Restraining Order']”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/9/22 RECOMMENDING 111 Motion for Summary Judgment be granted, 120 Motion for Summary Judgment be denied, 121 Motion for TRO be denied and the action dismissed. [ADOPTED in FULL by District Judge Troy L. Nunley on 1/30/2023]”
“RECOMMENDING ... 120 Motion for Summary Judgment be denied ... [ADOPTED in FULL by District Judge Troy L. Nunley on 1/30/2023: 'DENYING 120 Motion for Summary Judgment']”
“RECOMMENDING ... 121 Motion for TRO be denied and the action dismissed. [ADOPTED in FULL: 'DENYING 121 Motion for a Temporary Restraining Order']”
In a pro se prisoner case, Delaney learned that the plaintiff had died and set a Rule 25(a) substitution deadline. When no motion to substitute was filed, she recommended sua sponte dismissal.
In a pro se prisoner case, the plaintiff failed to file a completed in forma pauperis application or pay the filing fee within 30 days. Delaney recommended sua sponte dismissal without prejudice under Rule 41(b).
“IT IS ORDERED that the above-captioned action is remanded to the Commissioner of Social Security for further proceedings pursuant to the fourth sentence of Section 205(g) of the Social Security Act, 42 U.S.C. 405(g).”
“IT IS ORDERED that the above-captioned action is remanded to the Commissioner of Social Security for further proceedings pursuant to the fourth sentence of Section 205(g) of the Social Security Act, 42 U.S.C. 405(g).”
“1. Plaintiff's motion for summary judgment (ECF No. 12) is denied; 2. The Commissioner's cross-motion for summary judgment (ECF No. 14) is granted; and 3. Judgment is entered for the Commissioner.”
“1. Defendant Lester's motion to dismiss (ECF No. 27) is GRANTED; 2. Defendant City of Davis' motion to dismiss (ECF No. 28) is GRANTED; 3. Defendant Bonta's motion to dismiss (ECF No. 30) is GRANTED; 4. Plaintiff's FAC (ECF No. 16) is DISMISSED with leave to amend”
“IT IS HEREBY RECOMMENDED that petitioner's application for a writ of habeas corpus (ECF No. 1) be denied.”
“IT IS RECOMMENDED that petitioner's ‘Motion for Emergency Stay and Release Pending Habeas Review’ (ECF No. 2) be denied.”
“Defendant's motion to compel (ECF No. 32) is GRANTED in PART, to the extent that within 30 days of service of this order, plaintiff shall do the following:”
“Plaintiff's motion to modify the scheduling order (ECF No. 34) is DENIED.”
On Rule 4 preliminary review of a pro se 28 U.S.C. 2254 petition challenging ongoing state criminal proceedings, the court applied Younger v. Harris abstention and recommended the third amended petition be summarily dismissed and the case closed. Sua sponte screening disposition on no party motion; grounding language: “IT IS HEREBY RECOMMENDED that: 1. Petitioner's third amended petition for a writ of habeas corpus (ECF No. 11) be summarily dismissed; and 2. This case be closed.”
“Defendants’ motion for summary judgment (ECF No. 32) is GRANTED.”
Caseload & timing
From public federal docket records for this judge.
Delaney is a long-serving Sacramento magistrate judge whose reviewed work is dominated by referred prisoner civil-rights, habeas, and filing-fee screening matters. Because many matters come to her by referral rather than consent for final judgment, this profile does not describe her complete caseload.
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