Candace J. Smith
How Judge Smith decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On prisoner Fourth-Amendment strip-search claims, applies the Stoudemire/Bell v. Wolfish four-factor reasonableness test (scope, manner, justification, location) and defers to the prison's legitimate penological interest in detecting contraband.
“detecting and deterring the possession of contraband is a legitimate penological objective ... [the R&R] finds Adams's policy arguments do not affect the calculus under the Fourth Amendment”
For PLRA exhaustion, a generalized fear of retaliation does not make the grievance process unavailable unless the prisoner connects that fear to filing a grievance or shows that officials thwarted an attempt to file.
“But Bailey has offered no evidence that ties his fear of retaliation to the filing of a grievance; he has similarly offered no evidence that he was thwarted by any Defendants from actually filing a grievance.”
Procedural preferences
On sec.2255, conducts a detailed multi-ground Strickland merits review and recommends denying a certificate of appealability in the same R&R.
“Judge Smith carefully assessed the arguments presented by Jones and determined that Jones' counsel was not deficient ... reasonable jurists would not debate the denial”
When counsel fails to perfect a requested appeal, treats the failure as a per se Sixth Amendment violation and recommends vacating and reentering judgment so the defendant can appeal.
“the failure to perfect a direct appeal, in derogation of a defendant's actual request, is a per se violation of the Sixth Amendment”
Cautions
Recommends denying pro se prisoner joinder/amendment motions (Rule 18(b)/21/26(a)) alongside granting the defense MSJ when the added claims/parties would not survive.
“the R&R recommends that Adams's Motion to Add Nonjoinder ... be denied”
On consent (636(c)) employment MSJs, runs the full McDonnell Douglas burden-shift and grants the employer where the plaintiff fails to rebut a documented legitimate business reason; she expressly holds that temporal proximity ALONE cannot establish pretext and rejects a 'cat's paw'/rubber-stamp theory absent independent evidence of bias.
“temporal proximity between a protected activity and an adverse action, cannot, alone, establish pretext. ... this record is bereft of any 'other, independent evidence' to demonstrate the Board's actions were pretextual.”
But she does NOT reflexively grant defense MSJs: on the same kind of consent docket she let First Amendment retaliation and Kentucky Whistleblower Act claims proceed to trial while granting only the tortious-interference portion -- a granted-in-part outcome showing claim-by-claim merits scrutiny.
“Defendants' Motion is granted as to Plaintiffs tortious interference claims; the Motion is denied as to the Plaintiffs' First Amendment retaliation claims and Plaintiffs' KWA claims.”
A Section 2255 withdrawal may be without prejudice yet still foreclose a later filing if the one-year limitations period has expired, absent a statutory exception.
“Although the pending § 2255 Motion would be denied without prejudice, as a practical matter, any subsequent filing by Taylor-Jones would be time-barred unless one of a few narrow exceptions provided in 28 U.S.C. § 2255(f) were to apply.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants' Motion for Summary Judgment (Doc. # 35) is GRANTED ... This civil action is DISMISSED WITH PREJUDICE”
“Adams's Motion Pursuant to Federal Rule of Civil Procedure 18(b) Joinder of Contingent Claims (Doc. # 31) is DENIED; Adams's Motion for Nonjoinder Pursuant to Federal Rule of Civil Procedure 21 (Doc. # 32) is DENIED”
“Judge Smith recommends that the Court deny Jones' motion, deny a certificate of appealability, and dismiss the related collateral civil proceeding ... Jones' Motion Under 28 U.S.C. 2255 ... is DENIED”
“Magistrate Judge Smith issued her R&R on November 25, 2024, recommending that all pending motion be denied. [Record No. 222] The Court adopted the Magistrate Judge's report in full and denied Velasquez-Gomez's 2255 motion on December 16, 2024.”
“IT IS RECOMMENDED that Defendant Jayce Gibbs's Motion to Suppress (R. 40) as to his Facebook account and Cash App account and Johnnie Broughton's Motion Joining Codefendant Gibbs's Motion to Suppress as to his Facebook account (R. 42) BE DENIED.”
“The Report and Recommendation of the United States Magistrate Judge (Doc. # 57) is hereby adopted as the findings of fact and conclusions of law of the Court; ... Defendants' Motions to Suppress (Docs. # 38 and 40) are hereby denied in full.”
“The Magistrate Judge's Report and Recommendation (Doc. # 89) is hereby ADOPTED as the findings of fact and conclusions of law of the Court; Defendant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. Section 2255 (Doc. # 78) is hereby DENIED.”
“The Magistrate Judge's Report and Recommendation [R. 68] is ADOPTED as and for the opinion of this Court; The Petitioner's Section 2255 Petition [R. 61] is DISMISSED WITH PREJUDICE.”
“The Recommended Disposition of United States Magistrate Judge Candace J. Smith [Record No. 10] is ADOPTED IN FULL and INCORPORATED by reference. ... Blake Haddix's petition for habeas corpus relief under 28 U.S.C. Section 2254 [Record No. 1] is DENIED, and this matter is DISMISSED from the Court's docket.”
“The Magistrate Judge's Report and Recommendation, [R. 6], is ADOPTED; Defendant Thomas Bernard's three filings, [R. 1]; [R. 4]; [R. 5], are dismissed without prejudice; No certificate of appealability will issue.”
“This Court ACCEPTS and ADOPTS the Magistrate Judge's report and recommendation, R. 8. The petition for a writ of habeas corpus under 28 U.S.C. Section 2254, R. 1, is DENIED WITH PREJUDICE.”
“The Court ACCEPTS and ADOPTS the report and recommendation of Magistrate Judge Smith [DE 21] in its entirety and Greer's habeas petition [DE 1] is DENIED. ... This action is DISMISSED WITH PREJUDICE and STRICKEN from the Court's active docket.”
“The Magistrate Judge's Recommended Disposition [DE #15] is ADOPTED as and for the opinion of the Court; ... the petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. Section 2254 [DE #1] is DISMISSED WITH PREJUDICE.”
Put Judge Smith's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Smith actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Smith's own signed orders and cites them.