Nita L. Stormes

United States District Court for the Southern District of California magistrate Retired 2023 · served 2000–2023 4 signed orders read

Judge Stormes no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Stormes decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

On prisoner civil-rights and RLUIPA summary judgment she recommends granting qualified immunity on damages and several claims while denying the plaintiff's cross-motion, and her R&Rs are adopted in full.

“the Hon. Nita L. Stormes has issued a report and recommendation (‘R&R’) advising this Court to: (1) GRANT IN PART and DENY IN PART Defendants' motion for summary judgment ... the Court ADOPTS the R&R IN FULL.”

Procedural preferences

Recommends granting judgment on the pleadings dismissing official-capacity claims in prisoner Section 1983 suits.

“On March 29, 2023, Magistrate Judge Nita L. Stormes submitted the R&R to this Court recommending that Defendants' Motion be granted. ... the Court ADOPTS the R&R and Defendants' Motion for partial judgment on the pleadings is GRANTED.”

Cautions

On state habeas she recommends dismissal with prejudice where the federal petition is filed years after AEDPA's one-year limit, with a detailed statutory-tolling analysis and no equitable tolling.

“Magistrate Judge Nita L. Stormes has issued a Report and Recommendation (‘R&R’) recommending that the Court grant Respondent's MTD. ... this Court ADOPTS the R&R and GRANTS Respondent's Motion and DISMISSES the Petition with prejudice as untimely.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Gathrite v. Wilson
3:19-cv-01852-JAH-NLS · 2023-05-05
Motion for judgment on pleadings (defendant) Granted

“On March 29, 2023, Magistrate Judge Nita L. Stormes submitted the R&R to this Court recommending that Defendants' Motion be granted. ... the Court ADOPTS the R&R and Defendants' Motion for partial judgment on the pleadings is GRANTED.”

Keigwin v. Lizarraga
3:16-cv-01451-GPC-NLS · 2016-09-30
Motions to stay (petitioner) Moot / procedural

“a Report and Recommendation (‘Report’) issued by Magistrate Judge Nita L. Stormes recommending the Court deny as moot the motion for stay and abeyance. ... the Court hereby (1) ADOPTS the Magistrate Judge's Report in its entirety, and (2) DENIES AS MOOT Petitioner's motion for stay and abeyance.”

Miller v. Tilton
3:05-cv-02007-J-NLS · 2008-02-05
Motions to dismiss (respondent) Granted

“Magistrate Judge Nita L. Stormes has issued a Report and Recommendation (‘R&R’) recommending that the Court grant Respondent's MTD. ... this Court ADOPTS the R&R and GRANTS Respondent's Motion and DISMISSES the Petition with prejudice as untimely.”

Lewis v. Ryan
3:04-cv-02468-JLS-NLS · 2008-05-01
Summary judgment (defendant) Granted in part

“the Hon. Nita L. Stormes has issued a report and recommendation (‘R&R’) advising this Court to: (1) GRANT IN PART and DENY IN PART Defendants' motion for summary judgment ... the Court ADOPTS the R&R IN FULL.”

Summary judgment (plaintiff) Denied

“advising this Court to: ... (2) DENY Plaintiff's cross-motion for summary judgment ... Plaintiff's Cross-Motion for Summary Judgment [Doc. No. 98] is DENIED”

A historical record

Judge Stormes 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.