David D. Leshner
How Judge Leshner rules, drawn from 8 signed orders. Every observation links to the order it came from.
How Judge Leshner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the reviewed Social Security appeals, he recommended remand when the administrative law judge erred at step two or the record required further development.
“On October 20, 2024, Judge Leshner issued a thorough and well-reasoned Report and Recommendation ('R&R') that the matter be remanded to the Social Security Administration for further administrative proceedings. ... the Court OVERRULES the Commissioner's objections, ADOPTS Judge Leshner's R&R, and REMANDS this matter to the Social Security Administration”
Procedural preferences
The reviewed matters include dispositive recommendations in prisoner cases and judicial review of proposed settlements involving minors.
“the Court ADOPTS Judge Leshner's Report and GRANTS Defendant's Motion. Plaintiff's Fourteenth Amendment procedural due process claim is DISMISSED WITHOUT LEAVE TO AMEND. Plaintiff's Eighth Amendment claim remains.”
Cautions
He recommended affirmance when the administrative decision applied the correct standards and the record did not show reversible error.
“the Court finds that Judge Leshner has issued a thorough and well-reasoned Report recommending that the Court affirm the decision of the Commissioner and contains no clear error. ... the Court ADOPTS Judge Leshner's Report and Recommendation in its entirety and AFFIRMS the decision of the Commissioner of Social Security.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“On October 20, 2024, Judge Leshner issued a thorough and well-reasoned Report and Recommendation ('R&R') that the matter be remanded to the Social Security Administration for further administrative proceedings. ... the Court OVERRULES the Commissioner's objections, ADOPTS Judge Leshner's R&R, and REMANDS this matter to the Social Security Administration”
“the Court finds that Judge Leshner has issued a thorough and well-reasoned Report recommending that the Court affirm the decision of the Commissioner and contains no clear error. ... the Court ADOPTS Judge Leshner's Report and Recommendation in its entirety and AFFIRMS the decision of the Commissioner of Social Security.”
“Magistrate Judge David D. Leshner's Report and Recommendation ('R&R,' ECF No. 11) advising the Court to conditionally grant Respondents' Motion to Dismiss and dismiss Petitioner Ronald J. Smith's petition without prejudice. ... the Court ADOPTS IN PART and MODIFIES IN PART the R&R, straying only from the recommendation that Respondents' Motion to Dismiss be conditionally granted”
“the Court ADOPTS Judge Leshner's Report and GRANTS Defendant's Motion. Plaintiff's Fourteenth Amendment procedural due process claim is DISMISSED WITHOUT LEAVE TO AMEND. Plaintiff's Eighth Amendment claim remains.”
“On November 22, 2022 Judge Leshner issued a Report and Recommendation for Order Granting Ex Parte Motion to Confirm Minor's Compromise ('R&R'). ... the Court ADOPTS Judge Leshner's R&R (Doc. 16) in its entirety and GRANTS the Ex Parte Motion (Doc. 11) and Supplemental Submission (Doc. 13).”
“the undersigned RECOMMENDS that the District Judge (1) approving and adopting this Report and Recommendation in its entirety; (2) denying Defendant's Motion to Dismiss; and (3) directing Defendant to answer Plaintiff's Complaint.”
“For the reasons below, the motion is DENIED.”
“Accordingly, Plaintiff’s Motion [to] Accept Concede by Defendants of Plaintiff Claim Access to the Court and Motion to Compel Defendants to Answer are DENIED.”
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