Daniel E. Butcher
How Judge Butcher decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On a partial Rule 12(b)(6) motion he recommends granting in part -- dismissing state-law tort claims without leave where the plaintiff failed to comply with the California Government Claims Act and the limitations period lapsed -- while denying as moot other portions.
“The R&R advises the Court to grant Defendants' motion to dismiss Plaintiff's state law claims ... and deny as moot Defendant's motion to dismiss the official capacity claims. ... the Court OVERRULES Plaintiff's Objections ... ADOPTS the R&R in its entirety ... and GRANTS IN PART AND DENIES IN PART Defendants' partial motion to dismiss”
Cautions
Butcher recommends dismissing a 28 U.S.C. 2254 petition as time-barred under AEDPA where the limitations period expired and there is no statutory or equitable tolling and no new evidence to invoke the Schlup actual-innocence gateway.
“Based on the foregoing, the undersigned recommends GRANTING Respondent's Motion to Dismiss. Dkt. No. 11.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The R&R advises the Court to grant Defendants' motion to dismiss Plaintiff's state law claims ... and deny as moot Defendant's motion to dismiss the official capacity claims. ... the Court OVERRULES Plaintiff's Objections ... ADOPTS the R&R in its entirety ... and GRANTS IN PART AND DENIES IN PART Defendants' partial motion to dismiss”
“Magistrate Judge Daniel E. Butcher's Report and Recommendation (‘R&R,’ ECF No. 12) advising the Court to deny the Petition ... the Court ... ADOPTS the R&R's conclusions ... DENIES the Petition ... DENIES a Certificate of Appealability.”
“Based on the foregoing, the undersigned recommends GRANTING Respondent's Motion to Dismiss. Dkt. No. 11.”
“Judge Butcher recommends rejecting Atta's Strickland arguments on all grounds except one: that trial counsel was ineffective in failing to consult a forensic pathologist, which prejudiced Atta's defense. ... The Court now OVERRULES Atta's objections to the R&R; SUSTAINS the Government's objection to that portion of the R&R that recommends finding Atta's defense was prejudiced by counsel's ineffective performance; and ADOPTS IN PART AND REJECTS IN PART the R&R.”
“the Court GRANTS Plaintiff's Motion for Summary Judgment, REVERSES the Commissioner's decision pursuant to sentence four of 42 U.S.C. § 405(g), and REMANDS for the calculation and award of benefits.”
Order granting IFP and screening the complaint under 28 U.S.C. 1915(e)(2)(B); no party motion ruled on.
Put Judge Butcher's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Butcher actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Butcher's own signed orders and cites them.