Max O. Cogburn Jr.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“granting in part and denying in part Defendants' 11 Motion to Dismiss, and all claims against all named Defendants are dismissed except for Plaintiff's retaliation claim against Defendant Cleveland County”
“denying Defendants' 21 Motion to Strike Plaintiff's response to the motion to dismiss.”
“ORDER denying 27 Motion for Sanctions against Attorney Stephanie Webster. Signed by District Judge Max O. Cogburn, Jr. on 10/22/2021.”
“ORDER that Deft Cleveland County's 35 MOTION for Summary Judgment is DENIED as premature; and Deft shall file an Answer to 1 Complaint within 14 days of entry of this Order.”
“The Court will dismiss this action for the reasons stated in Defendants' motions to dismiss-namely, because Plaintiff fails to show that this Court has subject matter jurisdiction over her claims under 28 U.S.C. Sec. 1331 and because Plaintiffs' Amended Complaint still does not articulate Plaintiff's claims with sufficient clarity to allow Defendants to frame any sort of responsive pleading”
“the consent Motion to Dismiss Plaintiffs First Amendment Claims (#114) is GRANTED, and those claims are DISMISSED without prejudice”
“the court's Motion for Judgment on the Pleadings is GRANTED, and the court finds Article XIV, Section 6 of the North Carolina Constitution... UNCONSTITUTIONAL as they violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution”
“IT IS THEREFORE ORDERED, that Defendant's Motion to Dismiss (#38) is GRANTED, and this action is DISMISSED for lack of subject matter jurisdiction.”
“ORDER denying 22 defendant's Motion for Summary Judgment. Signed by District Judge Max O. Cogburn, Jr on 9/5/2017.”
“Petitioner's Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 [Doc. 1] is DENIED and DISMISSED.”
“denying 25 Motion for Reconsideration, MOTION for Certificate of Appealability filed by James Scott Ervin, Jr., 29; granting 29 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Max O. Cogburn, Jr on 8/31/2022.”
“denying 25 Motion for Reconsideration, MOTION for Certificate of Appealability filed by James Scott Ervin, Jr.”
“IT IS, THEREFORE, ORDERED that Defendant's Motion to Dismiss and Motion to Strike Class Allegations, (Doc. No. 10), is DENIED.”
“the Court agrees with Plaintiff that the choice of law determination is premature, and thus the motion to strike will be denied.”
“IT IS, THEREFORE, ORDERED that the Motion to Dismiss Count One of the Indictment (#21) is GRANTED and Count One is dismissed without prejudice.”
“IT IS THEREFORE ORDERED that Defendant's Motion to Dismiss Indictment (Doc. No. 14) is DENIED.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 326 days (N = 10).
Median motion-to-ruling time: 77 days (N = 3).
The sampled civil caseload includes Social Security appeals, employment and other civil-rights actions, wage-and-hour claims, disability discrimination, consumer-credit disputes, and labor cases removed from state court. Referral magistrates include W. Carleton Metcalf, David C. Keesler, David S. Cayer, and Susan C. Rodriguez.
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