Bernard G. Skomal
Judge Skomal no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Skomal 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, recommends a limited remand where the ALJ commits legal error — for example, failing to explain why he discounted a treating physician's opinion.
“the Report and Recommendation ... is adopted in its entirety; (2) the Motion for Summary Judgment filed by Plaintiff ... is granted in part and denied in part; ... this case is remanded to the Social Security Administration for the Administrative Law Judge to further clarify his decision to afford little weight to the opinions of Plaintiff's treating physicians”
Procedural preferences
In habeas petitions, recommends dismissal without prejudice for failure to exhaust state remedies, and dismissal for lack of subject-matter jurisdiction where the claims are moot.
“the Magistrate Judge issued a Report and Recommendation (ECF No. 15) recommending that the Motion to Dismiss be granted. ... The Magistrate Judge recommended that the Petition for Writ of Habeas Corpus be dismissed without prejudice. ... the Report and Recommendation (ECF No.15) is adopted in its entirety. The Motion to Dismiss the Petition for Writ of Habeas Corpus filed by Respondent (ECF No. 13) is GRANTED.”
On prisoner civil-rights motions to dismiss, recommends dismissing most claims while preserving colorable Eighth Amendment excessive-force and deliberate-indifference claims.
“Magistrate Judge Bernard G. Skomal issued a Report and Recommendation (‘R&R’), recommending that this Court issue an Order granting Defendants' Motion to Dismiss on all claims except the Eighth Amendment excessive force claim against Officer Nuno and the Eighth Amendment deliberate indifference claim against Dr. Kornbluth. ... the Court SUSTAINS Defendants' objection ... APPROVES and ADOPTS IN PART the R&R ... and GRANTS IN PART and DENIES IN PART Defendants' Motion to Dismiss”
Cautions
Declines to impose contempt sanctions where the violation is 'hypertechnical' given a party's substantial compliance.
“Pursuant to 28 U.S.C. § 636(e), the Court has reviewed the parties' briefs, declarations and exhibits and RECOMMENDS Defendant's Motion for Contempt and Sanctions be DENIED. ... the undersigned Magistrate Judge RECOMMENDS that Natural-Immunogenics' Motion for Contempt and Imposition of Sanctions against Newport Trial Group attorneys ... be DENIED.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Magistrate Judge recommended that ‘Defendant's motion to dismiss Plaintiff S.T., Nguyen, and Tran's claims for lack of subject matter jurisdiction be GRANTED without leave to amend; Defendant's motion to dismiss for failure to state a claim be DENIED AS MOOT; and Plaintiff Tran's request to petition for 406(b) attorney's fees be DENIED as premature.’ ... the Report and Recommendation is ADOPTED in its entirety”
“the Magistrate Judge issued a Report and Recommendation (ECF No. 15) recommending that the Motion to Dismiss be granted. ... The Magistrate Judge recommended that the Petition for Writ of Habeas Corpus be dismissed without prejudice. ... the Report and Recommendation (ECF No.15) is adopted in its entirety. The Motion to Dismiss the Petition for Writ of Habeas Corpus filed by Respondent (ECF No. 13) is GRANTED.”
“Magistrate Judge Bernard G. Skomal issued a thoughtful and thorough Report and Recommendation recommending this Court grant in part and deny in part Plaintiff's Motion for Summary Judgment ... Plaintiff's Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART.”
“recommending this Court grant in part and deny in part ... Defendant's Cross-Motion for Summary Judgment. ... Defendant's Cross-Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. The matter is remanded to the Social Security Administration”
“Magistrate Judge Bernard G. Skomal issued a Report and Recommendation (‘R&R’), recommending that this Court issue an Order granting Defendants' Motion to Dismiss on all claims except the Eighth Amendment excessive force claim against Officer Nuno and the Eighth Amendment deliberate indifference claim against Dr. Kornbluth. ... the Court SUSTAINS Defendants' objection ... APPROVES and ADOPTS IN PART the R&R ... and GRANTS IN PART and DENIES IN PART Defendants' Motion to Dismiss”
“the Report and Recommendation ... is adopted in its entirety; (2) the Motion for Summary Judgment filed by Plaintiff ... is granted in part and denied in part; ... this case is remanded to the Social Security Administration for the Administrative Law Judge to further clarify his decision to afford little weight to the opinions of Plaintiff's treating physicians”
“(3) the Cross-Motion for Summary Judgment filed by Defendant ... is granted in part and denied in part; and (4) this case is remanded to the Social Security Administration”
“the Report and Recommendation (‘R&R’) of Magistrate Judge Bernard G. Skomal, filed on July 5, 2022, recommending that the Court grant Plaintiff's Motion to Confirm Minor's Compromise ... and approve the proposed settlement. ... the Court hereby: (1) ADOPTS Judge Skomal's R&R; (2) GRANTS Plaintiff's motion to confirm minor's compromise”
“Pursuant to 28 U.S.C. § 636(e), the Court has reviewed the parties' briefs, declarations and exhibits and RECOMMENDS Defendant's Motion for Contempt and Sanctions be DENIED. ... the undersigned Magistrate Judge RECOMMENDS that Natural-Immunogenics' Motion for Contempt and Imposition of Sanctions against Newport Trial Group attorneys ... be DENIED.”
A historical record
Judge Skomal 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.