Mario Garcia
How Judge Garcia rules, drawn from 5 signed orders. Every observation links to the order it came from.
How Judge Garcia decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On Social Security appeals Garcia recommends a partial remand where the ALJ fails to provide a logical bridge on the physical RFC (for example handling/fingering limits given carpal-tunnel evidence) while affirming the mental RFC and subjective-symptom analysis.
“Magistrate Judge Garcia issued a Report and Recommendation recommending that the ALJ's decision should be affirmed on the mental RFC restrictions and subjective symptom analysis but reversed and remanded for further proceedings on the physical RFC restrictions. ... the Court SUSTAINS the Commissioner's objection ... and affirms the ALJ's decision.”
In a consent Social Security appeal, Garcia remanded where the administrative law judge did not explain how daily naps and medication-related fatigue affected the symptom analysis and residual functional capacity.
“Because the ALJ failed to address Plaintiff's asserted need to nap daily, the Court is unable to ‘trace the path of [his] reasoning,’ and thus, remand is warranted.”
Cautions
He recommends terminating sanctions, dismissal with prejudice plus fees and a cease order, where a pro se plaintiff harasses the defendant and counsel despite a court order to stop.
“In his Report and Recommendation, Magistrate Judge Garcia recommended that the Court grant Five Star's Motion for Sanctions to the extent that this matter should be dismissed with prejudice ... the Court GRANTS Five Star's Motion for Sanctions, [52] ... This action is DISMISSED WITH PREJUDICE.”
In a consent prisoner case, Garcia granted defendants summary judgment for failure to exhaust. The appellate court affirmed as to two grievances but required a fact hearing on a third because an appeal may be unavailable when prison staff withhold the response that must be attached.
“The case is remanded on that subject for further proceedings consistent with this opinion.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Magistrate Judge Garcia issued a Report and Recommendation recommending that the ALJ's decision should be affirmed on the mental RFC restrictions and subjective symptom analysis but reversed and remanded for further proceedings on the physical RFC restrictions. ... the Court SUSTAINS the Commissioner's objection ... and affirms the ALJ's decision.”
“Magistrate Judge Mario Garcia has entered a Report and Recommendation, dkt. 29, recommending that the Court dismiss this case with prejudice for failure to prosecute. ... The Court has considered and now ADOPTS the Report and Recommendation. ... The case is dismissed with prejudice.”
“In his Report and Recommendation, Magistrate Judge Garcia recommended that the Court grant Five Star's Motion for Sanctions to the extent that this matter should be dismissed with prejudice ... the Court GRANTS Five Star's Motion for Sanctions, [52] ... This action is DISMISSED WITH PREJUDICE.”
“For the reasons detailed herein, the Court REVERSES the ALJ's decision denying the Plaintiff benefits and REMANDS this matter for further proceedings.”
“A magistrate judge, presiding by consent under 28 U.S.C. §636(c), concluded that Ingram failed to exhaust his administrative remedies, as required by 42 U.S.C. §1997e(a), and granted summary judgment to all defendants.”
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Ezel grounds your drafting and research in this profile: what has persuaded Judge Garcia, and what has not, cited to the signed orders.
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