Elizabeth M. Timothy
Judge Timothy no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Timothy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On removal and remand she keeps the burden on the removing party but reads the well-pleaded complaint closely: where the plaintiffs' own state-court pleading alleges federal statutory claims, federal-question jurisdiction exists and she recommends denying remand.
“That Plaintiffs’ motion for remand (doc. 5) be DENIED.”
Each of her dispositive rulings is a report and recommendation subject to the district judge's de novo review on objection; she reminds parties that specific written objections must be filed within fourteen days and that failing to object waives appellate review of the unobjected-to findings.
“If a party fails to object to the magistrate judge’s findings or recommendations as to any particular claim or issue contained in a report and recommendation, that party waives the right to challenge on appeal the district court’s order based on the unobjected-to factual and legal conclusions.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because Broodnox failed to state a claim against Defendant “AT&T” that is plausible on its face, Defendant “AT&T” should be dismissed from this lawsuit, pursuant to Rule 12(b)(6).”
“That the petition for writ of habeas corpus (doc. 1) be DISMISSED with prejudice as untimely.”
“The undersigned accepts Petitioner’s declaration, made under penalty of perjury, that on April 18, 2016, he initially placed the § 2254 petition in the hands of prison officials for mailing . . . . Petitioner’s having done so, it was timely filed.”
“That Defendants’ motions for summary judgment (ECF Nos. 32, 38, 57, 66, 70) be GRANTED, and judgment entered in favor of Defendants and against Plaintiff.”
“That Plaintiffs’ motion for remand (doc. 5) be DENIED.”
“That Petitioner’s Notice of Voluntary Dismissal (ECF No. 10) be GRANTED and this action dismissed without prejudice.”
A Report and Recommendation screening a pro se, in forma pauperis Section 1983 complaint under 28 U.S.C. 1915(e)(2)(B). Judge Timothy recommended sua sponte dismissal on two independent grounds: the factual allegations that the plaintiff's thoughts were being controlled by hypnosis over the telephone were frivolous as a fantastic or delusional scenario, and, alternatively, the suit failed to state a claim because it sought to overturn a state criminal conviction, relief available only in habeas and barred by Heck v. Humphrey.
A Report and Recommendation screening a pro se detainee's Second Amended Complaint under 28 U.S.C. 1915(e)(2)(B) and 1915A. Judge Timothy recommended sua sponte dismissal of the federal claims against the jail's contract medical provider and its physician with prejudice for failure to state a plausible Fourteenth Amendment claim, dismissal of the state-law claims without prejudice, and declining supplemental jurisdiction.
Caseload & timing
From public federal docket records for this judge.
Judge Timothy's directly assigned docket was dominated by consent Social Security disability appeals, with occasional consent insurance and commercial-property disputes and the criminal-duty work of a magistrate judge. Much of her additional work consisted of reports and recommendations in referred prisoner civil-rights, habeas, and in forma pauperis matters, which are not reflected in the directly assigned case mix.
A historical record
Judge Timothy 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.