Algernon Lee Butler
How Judge Butler rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Butler no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Butler decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In McDougald, Butler treated the absence of record-supported reasons for a harsher sentence after a de novo trial as dispositive under due-process precedent.
“the record reveals nothing which warrants the imposition of the harsher sentence at petitioner’s de novo trial in the Superior Court.”
Procedural preferences
In Garrett, Butler required a prisoner to present an interstate-detainer claim to the North Carolina courts before the federal habeas proceeding could advance.
“Petitioner must first seek the aid of the courts of North Carolina to secure either a speedy trial, dismissal of the criminal proceedings or other appropriate relief before this court can properly entertain his application.”
Cautions
In Swain, Butler distinguished constitutional prison-medical claims from allegations amounting only to negligent treatment.
“Simple malpractice is not a sufficient basis for a cause of action under 42 U.S.C. § 1983.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the petition for writ of habeas corpus is denied.”
“The plaintiff’s motion for summary judgment is granted”
“the defendant’s motion for summary judgment is denied.”
“An appropriate order will be entered denying the motion to vacate the sentence.”
“The motion to dismiss the complaint in this action as against all defendants is allowed and the cause is hereby dismissed at plaintiff’s costs without prejudice to the right of the plaintiff to commence the action in districts of proper venue.”
“the motion to dismiss for lack of jurisdiction is allowed.”
“it is ordered that the motion to vacate be and it is hereby denied.”
“The prayer for injunctive relief will be denied and the complaint dismissed.”
“the defendant’s motion to dismiss the complaint for lack of diversity jurisdiction be, and the same is hereby allowed.”
“The proposed plan is approved, and the defendants, their employees, agents and successors, and all those in concert or participation with them, be and they are hereby permanently enjoined from failing or refusing to implement their plan filed August 6, 1968”
“It is ordered that the application be, and the same is hereby, denied.”
“It is ordered that the petitioner is allowed ninety days from the date of service of this order within which to institute an appropriate proceeding in the courts of North Carolina for the relief sought”
“the relief prayed for should be granted”
Caseload & timing
From public federal docket records for this judge.
No electronic case records assigned to Butler were available from which to describe a docket sample.
A historical record
Judge Butler no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.