Kendall J. Newman
Judge Newman no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Newman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On the parties' 636(c) consent in Social Security appeals he grants the claimant summary judgment in part and remands under sentence four where the ALJ committed reversible legal error.
“Plaintiff's motion for summary judgment ... is granted in part, and this matter is remanded for further proceedings pursuant to sentence four of 42 U.S.C. 405(g).”
Cautions
On 28 U.S.C. 2254 habeas review he applies the deferential 2254(d) standard, recommending denial -- even in a capital case, after an exhaustive review -- where the state court's adjudication was not objectively unreasonable.
“this court HEREBY RECOMMENDS that petitioner's Claims A through Y be denied and that petitioner's Claim Z be dismissed without prejudice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the undersigned recommends that defendant's Motion to Dismiss and/or For Summary Judgment be granted and that judgment be entered in defendant's favor.”
“The separate motions for summary judgment and/or adjudication filed by defendants Bess and Quist ... are each granted in part, and denied in part.”
“the moving defendants' motion for summary judgment ... be granted in part and denied in part”
“The motion for summary judgment filed by the remaining defendants ... be granted in part and denied in part.”
“the undersigned recommends that defendant's summary judgment motion be granted.”
“Defendants' motions to dismiss (ECF Nos. 25, 28, 29, 30) should be GRANTED in part and DENIED in part”
“the court recommends that respondent's motion to dismiss be granted and this case closed.”
“this court HEREBY RECOMMENDS that petitioner's Claims A through Y be denied and that petitioner's Claim Z be dismissed without prejudice.”
“Plaintiff's motion for summary judgment ... is granted in part, and this matter is remanded for further proceedings pursuant to sentence four of 42 U.S.C. 405(g).”
“Plaintiff's motion for summary judgment (Dkt. No. 23) is DENIED. The Commissioner's cross-motion for summary judgment ... is GRANTED.”
“The Commissioner's decision in this matter is reversed and the matter is remanded to the Commissioner for further proceedings, which shall include consultation of a medical expert or advisor with respect to the disability onset date.”
Caseload & timing
From public federal docket records for this judge.
Newman was the consent (636(c)) assigned magistrate judge on a large Social Security docket -- the case is assigned to him and he enters the final order. Many of these cases were transferred to him for the dispositive ruling after earlier scheduling/IFP orders by other magistrate judges. His broader docket also carried referred prisoner civil-rights (42 U.S.C. 1983), state and federal habeas (2254/2241), and employment matters.
A historical record
Judge Newman no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.