Sheila K. Oberto
How Judge Oberto rules, drawn from 20 signed orders. Every observation links to the order it came from.
How Judge Oberto decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Social Security appeals she vacates and remands where the ALJ's decision is not supported by substantial evidence.
“the Court finds that the ALJ's decision is not supported by substantial evidence and is, therefore, VACATED and the case is REMANDED to the ALJ for further proceedings consistent with this order.”
In the sampled immigration re-detention recommendations, requires a neutral pre-deprivation bond hearing and places the clear-and-convincing burden on the government to establish danger or flight risk before renewed custody.
“Respondents be ENJOINED and RESTRAINED from re-detaining Petitioner unless his re-detention is ordered at a custody hearing before a neutral arbiter in which the government bears the burden of proving, by clear and convincing evidence, that Petitioner presents a flight risk or danger to the community.”
Procedural preferences
On screening of habeas petitions she recommends dismissal without leave to amend for failure to exhaust state remedies or to state a cognizable claim.
“it is RECOMMENDED that: 1) The petition be DISMISSED without leave to amend for failure to exhaust state court remedies and failure to state a claim cognizable in a proceeding pursuant to 28 U.S.C. 2254”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the undersigned RECOMMENDS that Plaintiff Societe d'Equipments Internationaux Nigeria, Ltd.'s motion to dismiss be GRANTED and that Defendant Ara G. Dolarian's Counterclaim be DISMISSED with prejudice and without leave to amend.”
“it is RECOMMENDED that: 1) Respondent's motion to dismiss the petition be GRANTED; 2) The petition for writ of habeas corpus be DISMISSED as moot; and 3) The Clerk be DIRECTED to close the action.”
“it is HEREBY RECOMMENDED that: 1. Defendants' motion to dismiss be GRANTED; 2. Plaintiff's second amended complaint be DISMISSED; and 3. Plaintiff be given an opportunity to file a third amended complaint raising claims for equitable relief.”
“it is RECOMMENDED that: 1) The petition be DISMISSED without leave to amend for failure to exhaust state court remedies and failure to state a claim cognizable in a proceeding pursuant to 28 U.S.C. 2254”
“it is HEREBY RECOMMENDED that ... Plaintiff should be allowed to proceed solely on her claim under the Eighth Amendment ... against Officer Ardon; all other claims and defendants should be dismissed with prejudice.”
“the Court finds that the ALJ's decision is not supported by substantial evidence and is, therefore, VACATED and the case is REMANDED to the ALJ for further proceedings consistent with this order.”
“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 HEREBY ORDERED that: 1. The above-captioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation for Remand”
“As FCH has demonstrated actual and substantial prejudice if discovery is denied, and because Plaintiff has not carried his burden of establishing that discovery is not warranted or cannot be had, the Court GRANTS FCH's Motion to Compel.”
“Based upon the foregoing, the Court DENIES Plaintiff's ‘Motion to Compel UBS for Production of Exhibit[s] 15 and 16.’”
“VACATED and the case REMANDED to the ALJ for further”
“VACATED, and the case is REMANDED to the ALJ for”
Caseload & timing
From public federal docket records for this judge.
- A Fresno-division magistrate docket dominated by a high-volume consent Social Security disability-appeal calendar (claimants seeking review of an agency benefits denial), interleaved with prisoner civil-rights and habeas petitions referred for findings and recommendations, plus occasional contract, ADA-access, consumer-credit, employment, and personal-injury civil matters.
- In consent Social Security cases the parties consent to magistrate jurisdiction and she enters the final merits judgment directly; those terminal merits orders are detailed (typically 13-28 pages) applying the Ninth Circuit five-step and substantial-evidence standard.
Draft for Judge Oberto with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Oberto, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Oberto's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace