Jeremy D. Peterson
How Judge Peterson rules, drawn from 12 signed orders. Every observation links to the order it came from.
How Judge Peterson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In consent Social Security appeals he holds the ALJ to the 'specific, clear, and convincing' standard for rejecting a claimant's subjective symptom testimony, and reverses and remands where that standard is unmet: stressing, for conditions like fibromyalgia, that everyday activities and a lack of objective corroboration do not by themselves undermine credibility. He remands for further proceedings rather than awarding benefits.
“Plaintiff's motion for summary judgment, ECF No. 10, is granted.”
Procedural preferences
On multi-defendant civil-rights summary judgment he parses each defendant's individual knowledge rather than ruling collectively, denying summary judgment and qualified immunity only as to the officer with actual notice of the specific threat while granting it for those who lacked any pre-incident awareness.
“it is hereby RECOMMENDED that defendants' motion for summary judgment, ECF No. 51, be denied for McQuade and granted for Lewis and Pena.”
Cautions
On Section 2254 habeas petitions he enforces exhaustion and procedural-default bars, recommending dismissal and declining a certificate of appealability where the petitioner makes no substantial showing of the denial of a constitutional right.
“We recommend that the court grant respondent's motion to dismiss. ECF No. 24.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We recommend that the court grant respondent's motion to dismiss. ECF No. 24.”
“it is hereby RECOMMENDED that defendants' motion for summary judgment, ECF No. 51, be denied for McQuade and granted for Lewis and Pena.”
“Defendant's motion for summary judgment, ECF No. 38, be GRANTED and summary judgment be entered in his favor.”
“Plaintiff's motion for summary judgment, ECF No. 42, be DENIED.”
“Plaintiff's motion to amend complaint, ECF No. 45, be DENIED.”
“it is RECOMMENDED that plaintiff's motion for injunctive relief, ECF No. 48, be denied.”
“the Commissioner's motion for summary judgment, ECF No. 19, is granted;”
“claimant's motion for summary judgment, ECF No. 15, is denied;”
“Plaintiff's motion for summary judgment, ECF No. 17, is granted.”
“The Commissioner's cross-motion for summary judgment, ECF No. 19, is denied.”
“Plaintiff's motion for summary judgment, ECF No. 10, is granted.”
“The Commissioner's cross-motion for summary judgment, ECF No. 11, is denied.”
“Plaintiff's motion for summary judgment, ECF No. 13, is GRANTED.”
“The Commissioner's cross-motion for summary judgment, ECF No. 15, is DENIED.”
During statutory screening of a pro se prisoner's civil-rights complaint, he construed the pleading liberally, allowed cognizable due-process claims to proceed against the personally involved defendants, and recommended dismissing the supervisory defendant and other claims without prejudice and with leave to amend. The recommendation stated: "Plaintiff's remaining claims and defendants should be dismissed without prejudice, and plaintiff should be granted leave to amend the complaint."
“The petition for writ of habeas corpus, ECF No. 1, be DENIED.”
“Plaintiff’s motions for an extension of time to file an amended complaint, ECF No. 38 & 40, are GRANTED.”
“Plaintiff’s motion to expedite, ECF Nos. 38 & 41, are DENIED as moot.”
“Defendants Fifth Third Bank, N.A. and Fifth Third Bancorp motion to dismiss, ECF No. 43, is DENIED without prejudice.”
“plaintiff’s motions for injunctive relief, ECF Nos. 34, 36, & 45, be DENIED.”
He directed the defendant to re-serve a dismissal motion after the prisoner plaintiff twice reported that she had not received it, and set new opposition and reply dates. The order did not decide the dismissal motion.
Caseload & timing
From public federal docket records for this judge.
Peterson is the consent (636(c)) assigned magistrate judge on a large Social Security disability docket; he enters the final consent judgment. His broader referral docket also carries prisoner civil-rights (42 U.S.C. 1983) and habeas (28 U.S.C. 2254) matters.
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