David D. Noce
How Judge Noce decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Social Security appeals, this judge looks closely at whether the ALJ adequately developed the record on a claimed listing-level impairment; a bare conclusory finding that the record does not support a listing, without addressing specific contrary medical evidence, draws a remand.
“This finding that no administrative record evidence supported Listing 1.04 is not supported by substantial evidence in the record.”
New medical evidence submitted to the Appeals Council after the ALJ's decision cannot be waved away simply because it postdates the decision; it must be evaluated for whether it is new, material, and related back to the claimant's condition as of the decision date.
“The Appeals Council is obligated to consider additional evidence that is new, material, and related to the period on or before the date of the ALJ's decision as if it was presented to the ALJ.”
Procedural preferences
On suppression motions, this judge applies a fact-intensive, multi-factor custody analysis and gives weight to whether officers expressly told a suspect he was not under arrest and was free to leave, rather than resting on any single circumstance.
“Five of the six factors listed above suggest that he was not in custody: Defendant was informed at the time of questioning that he was not considered under arrest; he had unrestrained freedom of movement, as his handcuffs had been removed; no strong arm tactics or deceptive strategems were used by the officers; the questioning was not police dominated, rather it was a casual conversation; and Defendant was not placed under arrest at the termination of the questioning.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons set forth below, the decision of the Commissioner is reversed and the case remanded for further proceedings.”
“For the reasons set forth below, pursuant to Sentence 4 of 42 U.S.C. Sec. 405(g), the final decision of the Commissioner is reversed and the case is remanded to the defendant Commissioner for further proceedings consistent with this memorandum opinion.”
“IT IS HEREBY ORDERED that Defendant's Motion to Dismiss Indictment [doc. #19] is DENIED.”
“IT IS FURTHER ORDERED that Defendant's Motion to Suppress Statements [doc. #21] is DENIED.”
“IT IS FURTHER ORDERED that Defendant's Motion to Suppress Evidence [doc. #22] is DENIED.”
“The parties have consented to the exercise of jurisdiction by the undersigned United States Magistrate Judge pursuant to 28 U.S.C. Sec. 636(c). The court concludes that petitioner is not entitled to habeas relief.”
“Since petitioner's claim does not meet either of the elements of the statute, the claim must fail on the merits. This action is dismissed on its merits.”
Caseload & timing
From public federal docket records for this judge.
The analyzed sample focuses on Social Security appeals and a smaller set of published rulings. This judge's docket over 46+ years also included a large volume of habeas corpus petitions, prisoner civil-rights cases, referred criminal pretrial matters, and general consent civil matters typical of a very long-serving magistrate judge's referred-and-consent docket; the broader docket was not surveyed exhaustively.
Put Judge Noce's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Noce actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Noce's own signed orders and cites them.