Carol B. Whitehurst
How Judge Whitehurst decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In post-removal-order detention cases, she requires the petitioner to provide a concrete reason that removal is not significantly likely in the reasonably foreseeable future; conclusory predictions do not shift the burden to the government.
“Regardless, Enwonwu cannot meet his initial burden under Zadvydas. He provides no specific reason why his removal is unlikely to occur in the reasonably foreseeable future.”
Cautions
Medical-treatment and other conditions-of-confinement allegations belong in a civil-rights action rather than a habeas petition, even when the requested remedy is release.
“A demand for release does not convert a conditions-of-confinement claim into a proper habeas request.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“REPORT AND RECOMMENDATIONS re 28 MOTION to Dismiss For Failure to State a Claim filed by Bo Duhe, Alister Charrier. IT IS RECOMMENDED that the motion be DENIED. Signed by Magistrate Judge Carol B Whitehurst on 8/28/2024.”
“MEMORANDUM RULING AND ORDER denying 45 Motion for Leave to File Supplemental Complaint. Signed by Magistrate Judge Carol B Whitehurst on 3/9/2021.”
“MEMORANDUM ORDER granting 30 Motion to Stay. The Clerk of this Court is to administratively close this action in his records, without prejudice to the right of the parties to file a joint motion to reopen this proceeding within ten(10) days of the date of resolution of the criminal case (a verdict of not guilty has been returned or sentencing has been completed), 6:16-cr-00048, currently pending in the Western District of Louisiana, Judge Donald E. Walter presiding. Signed by Magistrate Judge Carol B Whitehurst on 4/25/16.”
“MINUTES for proceedings held before Magistrate Judge Carol B Whitehurst: denying 37 Motion for Summary Judgment; MOTION HEARING held on 6/15/2016 re 37 MOTION for Summary Judgment on Interpleader Claims Pursuant to Rule 56 F.R.C.P. filed by Anthony Louis Morgan.”
“MINUTES for proceedings held before Magistrate Judge Carol B Whitehurst: BENCH TRIAL completed on 11/3/2016. 81 ORAL Motion for Directed Verdict is DENIED. Case ruled on by the Court.”
“REPORT AND RECOMMENDATIONS: The undersigned recommends that 44 ORAL MOTION to Amend/Correct filed by Cheryl Landry, Thomas D Landry, be granted and 33 MOTION to Dismiss For Failure to State a Claim filed by NuVasive Inc be granted in part. Objections to R&R due by 10/14/2016. Signed by Magistrate Judge Carol B Whitehurst on 9/26/2016.”
“REPORT AND RECOMMENDATIONS re 48 MOTION to Dismiss For Failure to State a Claim Second Amending Complaint filed by NuVasive Inc. Based on the foregoing, the undersigned recommends that NuVasive, Inc.s Motion To Dismiss under Fed. R. Civ. P. 12(b)(6) [Rec. Doc. 48] be granted and Plaintiffs claim that the NuVasive, Inc. device is unreasonably dangerous for defective design be dismissed with prejudice for failure to state a claim. Objections to R&R due by 2/6/2017. Signed by Magistrate Judge Carol B Whitehurst on 1/20/17.”
“JUDGMENT: IT IS ORDERED 69 Motion for Summary Judgment is GRANTED and Plaintiffs' claims are DISMISSED WITH PREJUDICE as prescribed. Signed by Magistrate Judge Carol B Whitehurst on 3/14/2018.”
“REPORT AND RECOMMENDATIONS: Based on the foregoing reasons, the undersigned RECOMMENDS that 15 MOTION to Dismiss For Failure to State a Claim filed by Southwest Property Management Inc be GRANTED and that K&B's claims against Southwest Property be DISMISSED WITH PREJUDICE. Objections to R&R due by 2/10/2017. Signed by Magistrate Judge Carol B Whitehurst on 1/27/2017.”
“JUDGMENT: IT IS ORDERED that the motions for summary judgment filed by Caffery-Saloom and ANICO [Rec. Docs. 54 & 57] are GRANTED and the claims asserted by K & B against Caffery-Saloom and ANICO are DENIED AND DISMISSED WITH PREJUDICE. Because K & B's claims are dismissed, K & B's motion for summary judgment [Rec. Doc. 60] is DENIED AS MOOT. ANICOS's motion for attorneys' fees [Rec. Doc. 55] is DENIED. Signed by Magistrate Judge Carol B Whitehurst on 5/18/2018.”
“Because K & B's claims are dismissed, K & B's motion for summary judgment [Rec. Doc. 60] is DENIED AS MOOT.”
“ANICOS's motion for attorneys' fees [Rec. Doc. 55] is DENIED.”
“MEMORANDUM RULING re 21 MOTION for Summary Judgment filed by David Chaisson, 19 MOTION for Summary Judgment filed by Pellerin & Sons Inc. Considering the foregoing, the Court finds there are no issues of material fact with respect to the plaintiff's claims alleged under both the FLSA and the LWPA, and PSI is entitled to summary judgment on both claims. Signed by Magistrate Judge Carol B Whitehurst on 11/25/2019.”
“Considering the foregoing, the Court finds there are no issues of material fact with respect to the plaintiff's claims alleged under both the FLSA and the LWPA, and PSI is entitled to summary judgment on both claims.”
“MEMORANDUM RULING: For the foregoing reasons, 31 MOTION for Summary Judgment filed by Epic Diving & Marine Services L L C will be denied as to the issues of Jones Act negligence and unseaworthiness. Signed by Magistrate Judge Carol B Whitehurst on 9/6/2019.”
Put Judge Whitehurst's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Whitehurst actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Whitehurst's own signed orders and cites them.