Allan Kornblum
Judge Kornblum no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kornblum decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
As the division's intake magistrate he strictly enforced the threshold requirements of in forma pauperis litigation -- payment of the filing fee or partial filing fee and active prosecution of the case -- and recommended a sua sponte Rule 41(b) dismissal without prejudice when a pro se plaintiff failed to pay or to keep the court informed of a current address.
“A trial court has inherent power to dismiss a case sua sponte for failure to prosecute.”
On prisoner discovery disputes he declined to compel a costly, logistically difficult procedure when an adequate substitute already in the record served the same purpose, crediting an official report over a demand for personal inspection.
“As the Court stated earlier, there is no reason to believe that the Inspector General's office would not report the contents of the videotape accurately and truthfully.”
Cautions
In habeas matters, he resolved threshold issues before reaching the merits. In one sentence-computation case, he recommended dismissal after the petitioner's release eliminated any live controversy and the petition did not challenge the conviction itself.
“Because Petitioner does not attack the legality of his conviction, there is no longer a live case or controversy, and this cause should be dismissed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“That the motion to dismiss, Doc. 18, be DENIED AS MOOT; That this cause be DISMISSED WITH PREJUDICE, as no case or controversy further exists.”
“The motion to pay costs of an investigator (doc. 90) is DENIED. The Court does not have funds available to pay for investigators in pro se civil cases.”
“Defendants' motion for leave to file a reply (doc. 92) is GRANTED NUNC PRO TUNC, the reply having already been filed.”
“Insofar as Plaintiff's Motion seeks to compel any further action by the Defendants (doc. 93), it is DENIED.”
“There has been no response in opposition to the motion, the time for response has expired, and the Court finds that the motion should be GRANTED.”
In a pro se 42 U.S.C. 1983 excessive-force case, the plaintiff, who had been released from custody, failed to file a court-ordered amended complaint or respond to a show-cause order, and mail was returned undeliverable. Kornblum recommended a sua sponte Rule 41(b) dismissal without prejudice for failure to prosecute. Grounding quote: 'it is respectfully RECOMMENDED that this case be DISMISSED without prejudice.'
The plaintiff failed to pay the filing fee or move for in forma pauperis status and did not respond to a show-cause order. Kornblum recommended a sua sponte Rule 41(b) dismissal without prejudice for failure to prosecute. Grounding quote: 'it is respectfully RECOMMENDED that this case be DISMISSED without prejudice.'
The prisoner plaintiff failed to pay a mandatory $10.66 partial filing fee despite repeated orders, stating he could not say when he could pay. Kornblum recommended a sua sponte Rule 41(b) dismissal without prejudice for failure to prosecute. Grounding quote: 'it is respectfully RECOMMENDED that this case be DISMISSED without prejudice.'
A Social Security appeal briefing-schedule order set the plaintiff's memorandum deadline and page limits and warned that failure to file would be treated as a failure to prosecute. The order did not resolve a party motion. Grounding quote: 'Plaintiff shall have until April 21, 2008, to file a memorandum in support of the complaint.'
“Consequently, it is RECOMMENDED that the motion for leave to proceed be DENIED, and this cause be DISMISSED as frivolous under 28 U.S.C. §1915A(b)(1).”
“In light of the foregoing, it is respectfully RECOMMENDED that Defendant’s motion (doc. 9) be GRANTED, and this cause DISMISSED for lack of jurisdiction.”
“Accordingly, it is RECOMMENDED that Defendant’s motion to remand (doc. 20) be GRANTED, and this cause REMANDED to the Commissioner for consideration of the additional evidence submitted to the Appeals Council following issuance of the hearing decision and supplemental vocational testimony... It is also RECOMMENDED that final judgment reversing and remanding this cause be entered.”
“In light of the foregoing, it is respectfully RECOMMENDED that defendant John L. Gregory, an employee of the United States Department of Agriculture-Forest Service, be DISMISSED as a defendant in this cause of action, and that this cause be REMANDED to the undersigned for further proceedings against the United States Department of Agriculture-Forest Service.”
Caseload & timing
From public federal docket records for this judge.
His assigned civil docket of record (2003-2010) was a mix of Social Security disability appeals (Thomas, Williams, Funchess, Smith v. Cumbie Concrete), employment / civil-rights cases removed or filed in the division (Addison v. Asplundh, Godfrey v. Hunter Marine, Gaffney v. Corwine, Poole v. Royal Indemnity), prisoner civil-rights actions (Root v. Miller), and diversity contract / product-liability disputes (Travelers v. Key Construction, Olender Construction, Gravely v. Pioneer Housing) -- cases the parties consented to have the magistrate judge dispose of. Filed-to-terminated durations on the 12-case sample ran 124-1489 days (median ~321); the long tail is the prisoner civil-rights and Section 1983 cases (Root 1489d, Gaffney 907d), while Social Security and consumer/property cases resolved faster.
A historical record
Judge Kornblum 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.