Carmen E. Garza
Judge Garza no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Garza decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On Social Security appeals she affirms an ALJ where the ALJ made the requisite step-four findings and supported them with vocational-expert testimony; the ALJ may quote the VE's testimony approvingly in support of his own findings without improperly delegating his duty.
“ALJ Barnett made the requisite findings with regard to the demands of Ms. Pass's past work, and properly referred to VE Marnan's testimony in support of his own findings ... the Court finds that substantial evidence supports ALJ Barnett's determinations”
Procedural preferences
Denies Rule 15 leave to amend as futile when the proposed amended pleading could not survive a pending summary-judgment motion, and will not treat an UNverified proposed complaint as summary-judgment evidence (in contrast to a verified one treated as an affidavit).
“Plaintiff's Proposed Amended Complaint, on the other hand, is not verified. As a result, Plaintiff's Proposed Amended Complaint would not be treated as evidence ... granting Plaintiff leave to amend would be futile.”
On habeas, rigorous on the Strickland prejudice prong for plea-stage ineffective-assistance claims -- requires a showing the petitioner would have insisted on going to trial but for counsel's error.
“Waterhouse has not shown that, but for his attorneys' error, he would have refused to accept the state's plea offer and insisted on going to trial. Absent such a showing of prejudice ...”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff's Motion to Reverse and Remand for a Rehearing with Supporting Memorandum, (the ‘Motion’), (Doc. 17), is GRANTED and this case is REMANDED to the Commissioner for further proceedings consistent with this opinion.”
“Ms. Pass's Motion to Reverse and Remand, with Supporting Memorandum, (Doc. 21), is DENIED and the case is DISMISSED WITH PREJUDICE.”
“In the PFRD, the Honorable Carmen E. Garza, United States Magistrate Judge, recommends that the Court dismiss Petitioner Richard Waterhouse's Petition Under 28 U.S.C. Sec 2254 ... the Petition Under 28 U.S.C. Sec 2254 for Writ of Habeas Corpus by a Person in State Custody, filed August 4, 2011 (Doc. 1), is dismissed with prejudice.”
“The Magistrate Judge recommended dismissing the Petition and denying a certificate of appealability ... Judge Garza's Proposed Findings and Recommended Disposition be ADOPTED IN PART. Grounds One, Three, and Four of the Petition shall be DISMISSED WITHOUT PREJUDICE. ... this case be STAYED AND HELD IN ABEYANCE”
“the Honorable Carmen E. Garza ... found that Petitioner Marco Antonio Castro-Solano failed to show that his sentencing guideline range was incorrectly calculated or that he was denied effective assistance of counsel. ... Judge Garza recommended that the Court dismiss with prejudice Castro-Solano's Motion Under 28 U.S.C. Sec 2255 ... is dismissed with prejudice.”
“Because granting Plaintiff leave to amend would be futile, the Court RECOMMENDS that the Motion be DENIED. ... IT IS THEREFORE RECOMMENDED that Plaintiff's Motion to Amend Complaint, (Doc. 37), be DENIED.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 137 days (N = 9).
By party consent, Judge Garza entered final decisions in a steady stream of Social Security disability appeals and other civil cases involving consumer protection, employment, insurance, and contracts. She also wrote recommendations in prisoner, habeas, and civil-rights cases and carried substantial criminal and immigration duty in Las Cruces. This describes the composition of her work, not a grant rate.
A historical record
Judge Garza 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.