Frank D. Whitney

How Judge Whitney rules, drawn from 18 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Western District of North Carolina
Position
District judge
Status
Senior status
Appointed by
George W. Bush (Republican)
Commissioned
July 5, 2006
Education
Wake Forest University, B.A. (1982); University of North Carolina, M.B.A. (1987); University of North Carolina School of Law, J.D. (1987)
Signed orders read
18

About Judge Whitney

Frank DeArmon Whitney is a judge of the United States District Court for the Western District of North Carolina. Appointed by President George W. Bush, Judge Whitney received a commission on July 5, 2006. Judge Whitney assumed senior status on December 1, 2024.

Judge Whitney's practices and standing orders

Rules for cases before Judge Whitney, as published on the court's website (checked October 9, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Filing

Exhibits totaling at least 25 pages require a bound, indexed, tabbed courtesy copy for chambers.

“If a party’s exhibits aggregate to 25 or more pages, a courtesy copy of the exhibits (bound, indexed, and tabbed for ease of reference) shall be mailed or hand delivered to Chambers as soon as practicable after filing.”

Motions

A motion for extension of time must include a separately submitted proposed order.

“Any motion for an extension must also be accompanied by a separately submitted proposed form of order.”

Discovery

After a discovery dispute arises, parties have 14 calendar days to arrange an informal court conference before moving to compel.

“within fourteen (14) calendar days after a discovery dispute arises,3 to schedule and submit to an informal telephonic conference before the referral magistrate judge (or the presiding district judge, if the magistrate judge is unavailable prior to the expiration of the 14 days).”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 9, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Whitney decides

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

What persuades

In Marler v. Commissioner of Social Security, Whitney remanded because the administrative decision did not explain why a moderate concentration, persistence, or pace limitation required no corresponding restriction on staying on task.

“the Commissioner's Decision is REVERSED, and this matter is REMANDED for further proceedings consistent with this Memorandum and Order.”

In Haynes v. Quinn, Whitney granted summary judgment on an excessive-force claim after finding that video contradicted the plaintiff’s account of immediate extreme pain from the restraints.

“The video evidence clearly contradicts the Plaintiff’s version of events that the restraints Lay applied were so excessively tight that they caused immediate extremely pain, and that Nurse Starrette should have immediately corrected the same, such that no jury could believe it.”

In Celanese, Whitney enforced a mandatory North Carolina forum clause that continued to govern an implied-in-fact relationship after the written sales agreement expired, defeating a personal-jurisdiction dismissal motion.

“The forum-selection clause is therefore valid and enforceable, acting as a waiver to personal jurisdiction.”

In Foster, Whitney certified a freight-broker class after finding that shared contract issues predominated and class treatment was superior to individual suits.

“the Court finds that both the predominance and superiority requirements have been satisfied by Plaintiffs”

Procedural preferences

In NGM Insurance, Whitney retained a declaratory-judgment coverage action after weighing the Fourth Circuit factors with federalism, efficiency, and comity; he allowed joinder of another potentially interested insurer.

“In looking at the case as a whole and all of the Fourth Circuit factors together, balanced by considerations of federalism, efficiency and comity, this Court will exercise its discretion to retain jurisdiction over Plaintiffs declaratory judgment action.”

Cautions

In Tipton v. Page, Whitney dismissed an amended prisoner complaint with prejudice after the plaintiff failed to cure the defects identified in an earlier dismissal and again presented a pleading that did not comply with Rule 8.

“the Court will not scour and piece apart Plaintiff's rambling stream-of-conscious pleading to state a claim for him”

Signed rulings

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

Marler v. Commissioner of Social Security
5:22-cv-00165-FDW · 2025-03-20
Social security appeal (plaintiff) Granted

“the Commissioner's Decision is REVERSED, and this matter is REMANDED for further proceedings consistent with this Memorandum and Order.”

Tipton v. Page et al
1:25-cv-00389-FDW · 2026-03-12

On screening an amended prisoner civil-rights complaint, Whitney dismissed with prejudice after the plaintiff failed to cure defects identified in the first dismissal. He found most claims time-barred, concluded that the remaining medication-delay theory alleged negligence rather than a constitutional violation, and declined to reconstruct a rambling pleading for the plaintiff.

Manuel v. Carver et al
1:26-cv-00069-FDW · 2026-03-27

On screening a prisoner's deliberate-indifference complaint, Whitney dismissed without prejudice and allowed 30 days to amend. The official-capacity damages claims were barred, the allegations against the custody officer did not show conscious disregard of a serious medical need, and the complaint did not allege personal involvement by the supervisory defendants.

Haynes v. Quinn
5:24-cv-00125-FDW · 2026-07-01
Summary judgment (defendant) Granted

“The Defendants’ Motion for Summary Judgment [Doc. 46] is GRANTED and this action is DISMISSED WITH PREJUDICE.”

Motion in limine (plaintiff) Moot / procedural

“Insofar as the Plaintiff means to exclude that evidence from being presented ... at trial, such is premature. The Motion in Limine will, therefore, be denied.”

Motions to stay (plaintiff) Denied

“The Court finds that the Plaintiff has not carried his burden of demonstrating that the Defendants had control over the video footage, or that the loss of the video footage was accompanied by an adequately culpable state of mind. Accordingly, the Motion to Stay will be denied.”

Motion for spoliation sanctions (plaintiff) Moot / procedural

“This Motion is premature, as such relief that would only be relevant if the matter were to proceed to trail. It will, therefore be denied.”

Motions to stay (defendant) Moot / procedural

“The Defendants’ Motion to Stay the deadline to respond to the Motion in Limine [Doc. 57] is DENIED AS MOOT.”

Deborah Ann Walker v. Commissioner of Social Security
3:25-cv-00489-FDW · 2025-09-09
Motion for leave to proceed ifp (plaintiff) Denied

“Plaintiff's Amended Application to Proceed in District Court Without Prepaying Fees or Costs, (Doc. No. 4), is DENIED without prejudice to pay the filing fee or refile an amended Application within twenty-one (21) days of this Order.”

Melissa Ann Griffith v. FNU Jones, et al.
3:26-cv-00017-FDW · 2026-01-16

Sua sponte initial review of a pro se prisoner Section 1983 complaint under 28 U.S.C. 1915(e)(2) and 1915A; complaint dismissed without prejudice with 30 days to amend: "Plaintiff's Complaint fails initial review under 28 U.S.C. sections 1915A(b)(1) and 1915(e)(2)(B) for Plaintiff's failure to state a claim for relief and shall be DISMISSED WITHOUT PREJUDICE".

Joseph Wayne Riddle v. Martin Ekim Moore, et al.
1:26-cv-00128-FDW · 2026-06-09

Initial review of a pro se Section 1983 amended complaint under 28 U.S.C. 1915(e)(2) and 1915A; federal claims dismissed with prejudice and supplemental state-law claims dismissed without prejudice: "Plaintiff's Amended Complaint [Doc. 9] is DISMISSED WITH PREJUDICE for Plaintiff's failure to state a claim for relief, except for Plaintiff's state law claims, which are DIMISSED WITHOUT PREJUDICE".

Henry Albert Jones v. Amy Jenkins, et al.
5:26-cv-00135-FDW · 2026-07-13

Initial review of a pro se prisoner ADA/Rehabilitation Act and Eighth Amendment complaint under 28 U.S.C. 1915(e) and 1915A; complaint dismissed without prejudice with 30 days to amend, and two improper letters stricken: "Plaintiff's Complaint fails initial review under 28 U.S.C. sections 1915A(b)(1) and 1915(e)(2)(B) for Plaintiff's failure to state a claim for relief and shall be DISMISSED WITHOUT PREJUDICE".

Jones v. Jenkins
5:26-cv-00135 · 2026-08-13

On initial review of an amended prisoner complaint, the court allowed the official-capacity ADA claim against three prison officials to proceed and dismissed the remaining claims and defendants. The order resolved no party motion.

Norkunas v. Park Road Shopping Center, Inc.
3:10-cv-210-FDW-DSC · 2011-04-14
Motions to dismiss (defendant) Granted

“IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss for lack of subject matter jurisdiction (Doc. No. 20) is GRANTED. Plaintiffs Complaint is hereby DISMISSED with prejudice.”

Celanese Acetate, LLC v. Lexcor, Ltd.
3:08-cv-530-FDW · 2009-07-08
Motions to dismiss (defendant) Denied

“Accordingly, Defendant’s Motion to Dismiss is DENIED.”

Gita Sports Ltd. v. SG Sensortechnik GmbH & Co. KG
1:08-cv-00092 · 2008-06-20
Motion to dismiss for improper venue (defendant) Granted in part

“Accordingly, Defendant’s Motion to Dismiss for Improper Venue is GRANTED IN PART and DENIED IN PART. Plaintiffs causes of action for breach of contract, unfair and deceptive trade practices, fraud, and conversion are DISMISSED. Plaintiffs causes of action for open account and account stated are REMANDED to the Superior Court of Mecklenburg County, North Carolina.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 447 days (N = 10).

  • The sampled caseload includes several sealed False Claims Act matters, transferred product-liability cases, criminal matters, Social Security appeals, and self-represented prisoner civil-rights and habeas cases.
  • The longest sampled case durations were in multi-year sealed False Claims Act matters; transferred product-liability cases also appear in the sample but do not supply Whitney-authored pretrial rulings.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years0
ReportMotions over six monthsCases over three years
Mar 202600
Sep 2025110
Mar 202500
Sep 202400
Mar 202400
Sep 202300
Mar 202300
Sep 202201
Mar 202201
Sep 202102
Mar 202107
Sep 202006

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of United States District Court for the Western District of North Carolina, not for Judge Whitney: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed1,0335.9 months
Closed with no court action1933 months
Closed before pretrial5865.1 months
Closed during or after pretrial24813.2 months
Closed during trial6not reported
12 months endingCases closedMedian time
Sep 20251,0335.9 months
Sep 20241,1545.5 months
Sep 20239586.9 months
Sep 20221,21010.1 months
Sep 202195110.3 months
Sep 20208738.5 months
Sep 20198169.1 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

Draft for Judge Whitney with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Whitney, and what has not, cited to the signed orders.

Opens in Ezel Pro.

  • Grounded in Judge Whitney's own signed orders
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace