William Walter Mercer

United States District Court for the District of Montana Appointed by Donald Trump (Republican) 14 signed orders read

How Judge Mercer decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Mercer independently checked the state court record rather than taking the petitioner's characterization of her sentence at face value, and found her core factual premise (a parole restriction) was contradicted by the state judgment itself.

“A review of Schimming's judgment, specifically states that 'there are no parole restrictions imposed by the Court on the defendant's sentence.'”

In a prisoner's RLUIPA claim over religious headwear, the defense won summary judgment not by disputing the sincerity of the plaintiff's belief but by tracing the prison policy's history through two earlier, less restrictive versions and showing each was tried and found insufficient before the current rule was adopted -- a documented trial-and-error record persuaded the court the current policy was the least restrictive means available, even though the record otherwise supported a substantial-burden showing for the plaintiff.

“Having moved from a less restrictive to a more restrictive policy over time, Defendants have sufficiently considered less restrictive means to further their compelling governmental interest.”

Procedural preferences

Mercer enforces habeas exhaustion strictly at the Rule 4 screening stage: an active, unresolved state postconviction motion on the same claim is enough by itself to require dismissal without reaching the merits.

“[S]he has an active motion pending before the state district court seeking, at least in part, the same relief sought in this Court.”

Faced with a pro se defense motion that looked like a facial challenge to the complaint, Mercer treated it as a Rule 12(e) motion for a more definite statement and gave the plaintiff a fixed deadline to replead with more specificity, rather than dismissing the case outright -- a more forgiving first move toward a pro se pleading that a defendant should not assume will always end in dismissal.

“ORDER granting 8 Motion for a More Definite Statement. IT IS FURTHER ORDERED that Plaintiff may file an Amended Complaint, in accordance with Federal Rule of Civil Procedure 12(e), to set forth a more definite statement of his claims on or before April 24, 2026.”

A pro se prisoner plaintiff cannot simply drop his own case once a fully-briefed defense summary-judgment motion is pending: Mercer denied the plaintiff's motion to voluntarily dismiss without prejudice and later ruled the defense summary-judgment motion on the merits, keeping the case on track to a decision instead of letting the plaintiff walk away and potentially refile.

“ORDER denying 36 Motion to Dismiss. Signed by District Judge William W. Mercer on 1/27/2026.”

Cautions

Even while dismissing without prejudice to allow the petitioner to return once exhausted, Mercer warns pro se habeas petitioners that repeated unexhausted filings can have a preclusive effect on a later, properly exhausted petition -- a caution worth flagging to any client filing a second-in-time habeas petition before him.

“Schimming is cautioned, however, that a petitioner generally has only one opportunity to file a federal habeas petition challenging a state judgment of conviction. Any continued pro se filings related to unexhausted and/or non-cognizable claims may have a preclusive effect on her ability to seek and obtain future federal habeas relief.”

Mercer certifies that an appeal 'would not be taken in good faith' as a matter of course when dismissing meritless pro se prisoner and in forma pauperis suits at screening, including a disability-discrimination suit against a celebrity defendant -- a signal that frivolous filings get no benefit of the doubt on appealability.

“IT IS FURTHER ORDERED that any appeal from this disposition would not be taken in good faith.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Schimming v. Weston
CV 26-03-BU-WWM · 2026-02-26
Habeas petition (petitioner) Denied

“Schimming's Petition for Writ of Habeas Corpus by a Person in State Custody Pursuant to 28 U.S.C. § 2254 (Doc. 1) is DISMISSED.”

Brady v. United States Bureau of Alcohol, Tobacco, Firearms, and Explosives
CV 25-101-GF-WWM · 2026-03-02
Voluntary dismissal (plaintiff) Granted

“IT IS HEREBY ORDERED that this action is DISMISSED WITH PREJUDICE.”

United States v. McLean
CR25-37-GF-WWM · 2026-03-12
Motion to dismiss indictment (government) Granted

“IT IS HEREBY ORDERED that the Indictment in this case is hereby DISMISSED with prejudice.”

Willoughby v. State Farm Mutual Automobile Insurance Company
1:26-cv-00015-WWM · 2026-03-09
Motion for sanctions (plaintiff) Moot / procedural

“the Clerk of Court is directed to strike Plaintiff's Omnibus Motion for Terminating Sanctions, Remand, and Indictment of Systemic Fraud Upon the Court (Doc. 37)”

Motion for sanctions (plaintiff) Moot / procedural

“and Plaintiff's Motion for Rule 11 Sanctions and Indictment of Documentary Deceit (Doc. 42).”

United States v. Tillman
CR 25-125-BLG-WWM · 2026-01-02
Motion to change plea (defendant) Granted

“Defendant Tillman's motion to change plea (Doc. 18) is GRANTED.”

United States v. Scott
CR 25-89-BLG-WWM · 2026-01-02
Motion to change plea (defendant) Granted

“Defendant Scott's motion to change plea (Doc. 22) is GRANTED.”

United States v. Vincent
CR 25-112-BLG-WWM-1 · 2026-02-04
Motion to change plea (defendant) Granted

“Defendant Vincent's motion to change plea (Doc. 36) is GRANTED.”

United States v. Spence
CR 25-59-BLG-WWM-2 · 2026-02-05
Motion to change plea (defendant) Granted

“Defendant Spence's motion to change plea (Doc. 51) is GRANTED.”

United States v. Birdinground
CR 25-127-BLG-WWM · 2026-03-04
Motion to change plea (defendant) Granted

“Defendant Birdinground's motion to change plea (Doc. 19) is GRANTED.”

United States v. Erwin
CR25-73-BLG-WWM · 2026-03-12
Motion to change plea (defendant) Granted

“Defendant Erwin's motion to change plea (Doc. 25) is GRANTED.”

United States v. Travis
CR 26-5-M-WWM · 2026-04-17
Motion to change plea (defendant) Granted

“Defendant Travis' motion to change plea (Doc. 34) is GRANTED.”

United States v. Aguilar
CR 25-120-BLG-WWM-2 · 2026-05-13
Motion to change plea (defendant) Granted

“Defendant Aguilar's motion to change plea (Doc. 46) is GRANTED.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 28 days (N = 1).

The caseload sample spans a prisoner religious-exercise suit resolved on summary judgment, a police excessive-force suit partly resolved on summary judgment before settling, two Section 2254 habeas petitions dismissed at the screening stage, a state-prisoner Section 1983 screening dismissal with a PLRA strike, an insurance coverage dispute that settled after summary-judgment argument, a pro se prisoner civil-rights suit narrowed and then reshaped into a more-definite-statement order, and a disability-discrimination suit against a celebrity defendant dismissed for want of in forma pauperis status. Several other enumerated cases (a contract dispute, a removed products-liability suit) remain pending or were resolved on a remand ruling not reached in the record reviewed.

Put Judge Mercer's record to work

Ezel drafts and answers grounded in this exact profile: how Judge Mercer actually rules, not a generic AI guess.

Opens in Ezel Pro. Every answer is grounded in Judge Mercer's own signed orders and cites them.