Kristen L. Mix
How Judge Mix decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Recommends dismissal WITH prejudice only where amendment would be futile -- often because the claim fails on independent alternative grounds (e.g. no private right of action AND failure to exhaust), or because the plaintiff has already had multiple chances to replead. Jurisdictional dismissals, by contrast, are without prejudice.
“Because the failure to exhaust bars the claims, allowing leave to amend would be futile and recommended dismissal with prejudice.”
On summary judgment she will let an excessive-force claim survive where the record shows a genuine dispute over whether force continued after the detainee was subdued -- denying qualified immunity on that disputed fact.
“because material facts remain in dispute as to whether Defendant Kellison continued to use force against Plaintiff when he was not resisting, Defendant Kellison is not entitled to summary judgment on qualified immunity grounds.”
Procedural preferences
Liberally construes pro se pleadings (here, parsing an unclear complaint into five potential constitutional claims before analyzing each), but holds pro se litigants to Rules 8 and 15: new facts or claims raised for the first time in an objection to the R&R are waived, not a basis to re-plead.
“the precise constitutional bases for Plaintiff's claims against each Defendant, even when liberally construing the Second Amended Complaint [#9], are unclear.”
On a partial motion to dismiss she separates the Rule 12(f) motion-to-strike standard from the Rule 12(b)(6) dismissal standard and rules on each independently rather than blending them.
“It is DENIED to the extent it moves the Court to strike certain portions of the Amended Complaint pursuant to Fed. R. Civ. P. 12(f). It is GRANTED to the extent it seeks dismissal of Plaintiff's statutory and common law bad faith claims pursuant to Fed. R. Civ. P. 12(b)(6).”
Cautions
All six recommendations read here were adopted by the district judge -- four over a party's objection (de novo review) -- indicating her R&Rs hold up on review in this sample; but this is a small, screening/dismissal-heavy slice (much of her referral work was pro se prisoner and civil-rights cases) and is not a grant rate.
“the Court is satisfied that the Recommendation is sound and not clearly erroneous or contrary to law.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Motions to dismiss N = 4 |
Granted: 3Granted in part: 1 | counts only |
| Summary judgment N = 1 |
Granted in part: 1 | counts only |
| Voluntary dismissal N = 1 |
Denied: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“FURTHER ORDERED that Defendant's Motion to Dismiss Plaintiff's Complaint (Doc. # 16) is GRANTED, and Plaintiff's claims are hereby DISMISSED WITHOUT PREJUDICE.”
“Defendants Motion to Dismiss (ECF No. 16) is GRANTED; The Second Amended Complaint (ECF No. 9) is DISMISSED WITH PREJUDICE”
“Defendant's Motion to Dismiss (ECF No. 10) is GRANTED; Plaintiff's Complaint (ECF No. 1) is DISMISSED WITH PREJUDICE”
“Defendant's Partial Motion to Dismiss for Failure to State a Claim (Doc. # 28) is GRANTED IN PART and DENIED IN PART. It is DENIED to the extent it moves the Court to strike certain portions of the Amended Complaint pursuant to Fed. R. Civ. P. 12(f). It is GRANTED to the extent it seeks dismissal of Plaintiff's statutory and common law bad faith claims pursuant to Fed. R. Civ. P. 12(b)(6).”
“The Court OVERRULES the objection (ECF No. 106), ACCEPTS and ADOPTS the recommendation (ECF No. 105), and GRANTS IN PART and DENIES IN PART Defendants' motion for summary judgment (ECF No. 70).”
“Plaintiff's Motion for Voluntary Dismissal (Doc. # 150) is DENIED WITHOUT PREJUDICE.”
Caseload & timing
From public federal docket records for this judge.
Criminal-duty matters open and close within days (warrant issued/returned; complaint to initial appearance), so they do not yield a meaningful civil case-duration distribution. Flagged for deepening (enumerate -KLM/-KAS referral dockets by number; sample terminated 636(c) consent cases under her name).