Matthew Thomas Schelp
How Judge Schelp decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Where a federal case substantially overlaps with another pending FEDERAL proceeding, abstains by staying rather than dismissing — even if the other forum might not fully resolve the dispute. Ask for a stay, not dismissal, when invoking federal-federal abstention before him.
“the Court denies the Government’s Motion, but issues a temporary stay of Plaintiff’s action in this Court.”
Procedural preferences
Enforces appeal/collateral-attack waivers in plea agreements: a knowing and voluntary §2255 waiver will be enforced and the petition dismissed, absent a miscarriage of justice or a reserved exception (e.g., ineffective assistance).
““A defendant may waive the right to seek collateral relief under § 2255.””
Holds plaintiffs strictly to their burden of establishing personal jurisdiction; will dismiss without prejudice under Rule 12(b)(2) where that burden is not met.
“Because the Court concludes Plaintiff Stifel, Nicolaus & Company, Inc. has failed to establish this Court’s personal jurisdiction over Defendants, the Court will grant Defendants’ Motion and dismiss this action without prejudice.”
Cautions
For pro se complaints, liberal construction has limits — he will not supply missing facts or excuse a failure to plead a cognizable claim. Plead specific facts, not conclusions.
“liberal construction does not mean that [the Court] supply missing facts to a plaintiff’s allegations or ignore a plaintiff’s failure to allege facts setting forth a cognizable claim.”
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.
| Motions to dismiss N = 6 |
Granted: 4Denied: 2 | counts only |
| Summary judgment N = 2 |
Granted: 2 | counts only |
| Motions to remand N = 1 |
Denied: 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 that follow, the Court denies Plaintiff’s Motion.”
“For the reasons that follow, the Court denies the Government’s Motion, but issues a temporary stay of Plaintiff’s action in this Court.”
“For the reasons that follow, the Court denies Defendant’s Motion.”
“For the reasons that follow, the Court grants Defendant’s Motion.”
“For the reasons set forth below, the Motion is granted.”
“For the reasons set forth below, the Court grants Defendant’s Motion.”
“For the reasons set forth below, the Court grants Counter-Defendants’ Motion.”
“For the reasons that follow, the Court grants Respondent’s Motion.”
“Because the Court concludes Plaintiff Stifel, Nicolaus & Company, Inc. has failed to establish this Court’s personal jurisdiction over Defendants, the Court will grant Defendants’ Motion and dismiss this action without prejudice.”