Patrick A. White
Judge White no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge White decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a 2254 involuntary-plea/IAC claim he credits the plea colloquy over the petitioner's later allegations: a knowing, voluntary plea cannot be collaterally attacked on a bald, record-unsupported claim of an off-record promise.
“Absent evidence in the record, a court cannot consider a habeas petitioner's bald assertions ... mere conclusory allegations do not raise a constitutional issue in a habeas proceeding.”
He resolves Strickland IAC claims on either prong: counsel is not deficient for failing to raise a meritless suppression/authenticity issue or to anticipate a later change in law, and an unpreserved claim still fails for lack of demonstrated prejudice given the trial evidence.
“Judge White found that Palmer's counsel was not ineffective for failing to file a motion to suppress his statements ... because his counsel was not deficient for failing to anticipate the standard waiver form ... would later be declared unconstitutional, and Palmer suffered no prejudice in light of the overwhelming evidence of his guilt.”
Procedural preferences
Enforces the AEDPA one-year limitations period and the state-exhaustion requirement: an untimely petition is recommended dismissed as time-barred, and a mixed/unexhausted petition is dismissed without prejudice with the stay-and-abey motion denied and a refiling deadline set.
“Petitioner's 28 U.S.C. § 2254 habeas corpus action is DISMISSED WITHOUT PREJUDICE ... he must re-file this petition on or before 85 days after all state postconviction proceedings have concluded.”
Cautions
A pro se prisoner 1983 complaint tied to a pending (not yet favorably terminated) state criminal charge is screened out under Heck v. Humphrey as not cognizable -- dismissed without prejudice to refiling after a favorable termination.
“in the absence of evidence that a 'conviction or sentence has been reversed ... or called into question by a federal court's issuance of a writ of habeas corpus ...,' Plaintiff's claims that relate to a pending criminal charge are 'not cognizable under § 1983.' Heck v. Humphrey”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Magistrate Judge White recommends that the Court deny Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 ... 2. The Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (D.E. 1) ... is DENIED.”
“The Magistrate Judge's Report and Recommendation [DE-14] is AFFIRMED AND ADOPTED. (2) The Petition For Habeas Corpus under 28 U.S.C. § 2254 [DE-1] is DENIED.”
“Magistrate Judge White recommends that Petitioner's pro se Petition for Write [sic] of Habeas Corpus pursuant to 28 U.S.C. § 2254 (D.E. 1) ... be dismissed as time barred ... 2. Petitioner's pro se Petition for Write [sic] of Habeas Corpus pursuant to 28 U.S.C. § 2254 (D.E. 1), filed on October 23, 2009, is DISMISSED as untimely.”
“In his Report, Judge White recommends denial of the Petition ... 1. Petitioner, Jesse Racene's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody [D.E. 1] is DENIED.”
“Petitioner's 28 U.S.C. § 2254 habeas corpus action is DISMISSED WITHOUT PREJUDICE, except as to any application of the federal statute of limitations or other federal procedural bar that may apply. Petitioner is advised that if he wishes his second federal petition to be timely, he must re-file this petition on or before 85 days after all state postconviction proceedings have concluded.”
“Petitioner's Motion to Stay, filed December 29, 2008 [DE 9], is DENIED.”
“The Magistrate Judge recommends that the Petitioner's request for voluntary dismissal [ECF No. 8] be granted ... Petitioner's request for voluntary dismissal [ECF No. 8] is therefore GRANTED and this matter is DISMISSED without prejudice.”
In a sua sponte screening disposition under 28 U.S.C. 1915 and 1915A, White recommended dismissal of a pro se prisoner's Section 1983 complaint for failure to state a claim under Heck v. Humphrey, 512 U.S. 477, because claims tied to a pending state criminal charge are not cognizable under Section 1983 absent favorable termination. The dismissal was without prejudice, allowing refiling if the state charges resolve in the plaintiff's favor. Dimitrouleas adopted White's R&R over the plaintiff's objections.
A historical record
Judge White 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.