Andrea K. Johnstone
How Judge Johnstone decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On PLRA administrative-exhaustion defenses, she applies the First Circuit's strict rule that exhaustion must be complete before the prisoner files suit -- efforts made only after the federal complaint is filed, even if ultimately successful, do not cure the defect, and unsworn post-hoc claims of interference with the grievance process do not survive summary judgment without supporting evidence.
“Doe’s assertions must be set aside at summary judgment, where Doe offers no specific evidence, or sworn statement, regarding the grievances he purportedly filed.”
Procedural preferences
On a pro se plaintiff's motion to dismiss and companion motions to amend, she liberally construes the complaint to identify viable claims and will recommend allowing amendment on claims that survive dismissal in substance, even where the original pleading was inartfully drafted.
“Liberally construed, Mr. Griffin’s complaint and motions to amend and/or clarify assert claims for hostile work environment (Claim 1), retaliation (Claim 2), and reverse discrimination (Claim 3) under state and federal law, violation of 42 U.S.C. § 1983 (Claim 4), negligence (Claim 5), and violation of New Hampshire’s Whistleblower Protection Act (Claim 6).”
Cautions
She recommends dismissal with prejudice, not just without prejudice, where a claim's defect is legal rather than factual (e.g., a Section 1983 claim against purely private actors, or a claim barred outright by a statutory exclusive-remedy provision) -- signaling that repleading will not be invited where amendment could not cure the problem.
“where Defendants engaged in purely private conduct, they are not state actors, and therefore, they cannot be liable under section 1983. For these reasons, Mr. Griffin’s section 1983 claim against Defendants should be dismissed with prejudice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the district judge should grant Defendants’ motion to dismiss (Doc. No. 7) for failure to state a claim.”
“the district judge should grant defendant’s motion for summary judgment (Doc. No. 79) and deny Doe’s cross motion for summary judgment (Doc. No. 81).”
Caseload & timing
From public federal docket records for this judge.
As is typical for a magistrate judge, her enumerated docket mixes referred pretrial matters (Rule 72 objections, discovery disputes), miscellaneous administrative-subpoena and search-warrant matters, and a smaller set of cases where parties consented to her jurisdiction for all purposes, including trial, under 28 U.S.C. 636(c).
Put Judge Johnstone's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Johnstone actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Johnstone's own signed orders and cites them.