Martin A. Fitzpatrick
How Judge Fitzpatrick decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
He polices abuse of the judicial process. A prisoner who repeatedly amends -- adding and dropping the same defendants over many months to create a 'constantly moving target' -- will be held to his operative complaint, and successive motions to amend that delay adjudication of pending dispositive motions are treated as bad-faith delay under Rule 11(b)(1).
“Plaintiff cannot continue to change his mind, adding and deleting Defendants at well and creating a constantly moving target. Plaintiff appears to be litigating this case in bad faith, unnecessarily causing delay and needlessly increasing the costs of this litigation in violation of Rule 11(b)(1).”
He will not grant an unopposed summary-judgment motion by default; even where a prisoner files no response after several extensions, the motion is reviewed in full on the merits before he recommends granting it.
“Despite the summary judgment motion being unopposed, it has been fully reviewed and will not be granted by default.”
His dispositive rulings are reports and recommendations subject to the district judge's de novo review; he reminds parties that specific written objections are due within fourteen days and that failing to object waives appellate challenge to the unobjected-to findings. Adoption is not automatic -- in one sampled case the district judge accepted in part and rejected in part an earlier recommendation.
“If a party fails to object to the Magistrate Judge's findings or recommendations as to any particular claim or issue contained in this 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.
“It is respectfully RECOMMENDED that Defendants' motion for summary judgment, ECF No. 79, be GRANTED, and that current Florida Department of Corrections' Secretary Ricky D. Dixon be automatically substituted for former Secretary Mark S. Inch in his individual capacity only.”
“it is respectfully RECOMMENDED that Respondent's motion to dismiss, ECF No. 9, be GRANTED, and Petitioner Dallas's Section 2254 petition, ECF No. 1, be DISMISSED as untimely. ... It is further RECOMMENDED that a certificate of appealability be DENIED”
“It is respectfully RECOMMENDED that Defendant Leon County School District's Motion for Summary Judgment, ECF No. 32, be GRANTED”
“and that Plaintiff L.R.'s Motion for Summary Judgment, ECF No. 31, be DENIED. It is specifically noted this Report and Recommendation did not consider the merits of Plaintiff's claims for Declaratory or Injunctive relief as those claims are DENIED AS MOOT, but Plaintiff's claims for damages and attorney/consultant fees are resolved on their merits”
“It is respectfully RECOMMENDED that Plaintiff's motion for leave to file a second amended complaint, ECF No. 62, be denied and this case proceed on Plaintiff's claim against Defendant Dixon in Count I of the amended complaint, ECF No. 46.”
“It is respectfully RECOMMENDED that Plaintiff's motion to vacate judgment, ECF No. 16, be DENIED.”
“It is respectfully RECOMMENDED that Plaintiff's motion for leave to file an Eighth Amended Complaint, ECF No. 149, be DENIED as an abuse of the judicial process, and this case be REMANDED for further proceedings.”
A 13-page report and recommendation screening a pro se prisoner Section 1983 complaint under 28 U.S.C. 1915 after the plaintiff's amended complaint repeated the original defects. Judge Fitzpatrick recommended sua sponte dismissal for failure to state a claim because the suit was barred by Heck v. Humphrey and Younger abstention, the named state trial judge had judicial immunity, the assistant public defender was not a state actor, and the pleading was an impermissible shotgun complaint. He also recommended that the dismissal count as a strike under Section 1915(g).
A 3-page report and recommendation recommending sua sponte dismissal of a pro se prisoner suit for failure to prosecute and failure to comply with a court order: after being granted leave to proceed in forma pauperis and directed to file a second amended complaint, the plaintiff let the deadline pass despite a warning, appearing to have abandoned the case.
“Considering the record as a whole, the findings of the ALJ are based upon substantial evidence in the record and the ALJ correctly applied the law. Accordingly, the decision of the Commissioner to deny Plaintiff’s application for Social Security Disability Benefits is AFFIRMED. The Clerk is DIRECTED to enter judgment for the Commissioner.”
Caseload & timing
From public federal docket records for this judge.
Judge Fitzpatrick's directly assigned and consent docket is dominated by Social Security disability appeals, alongside magistrate criminal-duty matters and occasional civil-rights or consumer cases. Much of his additional work consists of reports and recommendations in referred prisoner civil-rights, state-habeas, and other civil matters, which are not reflected in the assigned-case mix.
Put Judge Fitzpatrick's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Fitzpatrick actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Fitzpatrick's own signed orders and cites them.