Judith Ellen Levy
How Judge Levy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On unobjected magistrate R&Rs she does not rubber-stamp -- she states she independently reviewed the recommendation before adopting it.
“No objections were filed. The Court has nevertheless carefully reviewed the Report and Recommendation and concurs in the reasoning and result.”
Procedural preferences
Objections to an R&R must be specific and must not merely restate the arguments already made to the magistrate judge; recycled arguments are overruled as improper.
“Objections that restate arguments already presented to a magistrate judge are improper ... as are those that dispute merely the general correctness of the report and recommendation.”
Generous with pro se litigants on repleading, but enforces the deadlines she sets; before a Rule 41(b) dismissal she walks the four-factor Knoll test and documents that lesser sanctions were considered.
“this lenient treatment has limits.”
Cautions
Enforces appellate/briefing deadlines: dismissed a pro se bankruptcy appeal under Bankruptcy Rule 8018 after the appellant blew an already-extended brief deadline, and independently found the appeal moot.
“As of today’s date, which is nearly 11 months after the case was first filed, Appellants have not filed their brief. The Court therefore dismisses the appeal pursuant to Rule 8018(a)(4).”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Summary judgment N = 4 |
Granted: 3Denied: 1 | counts only |
| Motions to dismiss N = 2 |
Granted: 1Moot / procedural: 1 | counts only |
| Motion to dismiss appeal N = 1 |
Granted: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated in the Court’s January 2, 2020 Opinion and Order Provisionally Granting Defendant’s Motion to Dismiss, Plaintiff has failed to “state a claim to relief that is plausible on its face.” ... This case is DISMISSED.”
“recommending the Court dismiss plaintiff’s complaint (ECF No. 1) and deny defendants’ motions to dismiss (ECF Nos. 29, 30) as moot ... Defendants’ motions to dismiss (ECF Nos. 29, 30) are DENIED.”
“the Government’s motion for summary judgment (ECF No. 16) is GRANTED”
“Plaintiff’s motion for summary judgment (ECF No. 15) is DENIED.”
“For the reasons set forth below, the Court GRANTS the motion and dismisses the case. ... the Court dismisses the appeal pursuant to Rule 8018(a)(4). Accordingly, the Court GRANTS Appellee’s Motion to Dismiss.”
“The motion for summary judgment filed by Green and Mikat (ECF No. 17) is GRANTED”
“The motion for summary judgment filed by Ealey and Peterson (ECF No. 34) is GRANTED”
ORDER OF DISMISSAL under Fed. R. Civ. P. 41(b) for failure to prosecute / failure to comply with a court order -- 'Accordingly, the case is DISMISSED WITHOUT PREJUDICE.' Pro se sovereign-citizen (Moorish-Nation) tax/property-eviction suit. Applies the Sixth Circuit's four-factor test (Knoll/Bay Corrugated): willfulness, prejudice, prior warning, lesser sanctions considered. Rules on no party motion -> excluded from stats.
Caseload & timing
From public federal docket records for this judge.
Nature-of-suit mix from the June 2019 filing cohort she was assigned (N=12 terminated civil dockets). Heavy on prisoner civil rights / habeas and civil-rights employment, with consumer-credit (FDCPA), FLSA, banking, insurance, and diversity-fraud matters. Plus a steady stream of duty-docket grand-jury and search/seizure-warrant miscellaneous matters (not counted).