Damian L. Martínez
How Judge Martínez decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On pro se prisoner 1983 dockets he develops the record (Martinez report) and recommends resolving exhaustion and Heck issues at the dismissal/partial-summary-judgment stage, sorting claims into with- and without-prejudice dismissals rather than a blanket disposition.
“Defendants' Motion to Dismiss in Part and Motion for Partial Summary Judgment (Doc. 73) is GRANTED; ... DISMISSED WITHOUT PREJUDICE as to ... halal meals ... DISMISSED WITH PREJUDICE as to ... compensatory damages except as to the March 2021 Incident”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Motions to remand N = 2 |
Granted: 1Granted in part: 1 | counts only |
| Motions to dismiss N = 2 |
Granted: 2 | counts only |
| Summary judgment N = 1 |
Granted: 1 | counts only |
| Motion to close case N = 1 |
Granted in part: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff Valerie Ann Pohl's Motion to Reverse and Remand (Doc. 20) is GRANTED IN PART, as outlined in the Proposed Findings and Recommended Disposition”
“Defendant's Motion to Remand for Further Administrative Proceedings Pursuant to Sentence Four of 42 U.S.C. § 405(g) (Doc. 22) is GRANTED ... this matter is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g)”
“Defendants' Motion to Dismiss in Part and Motion for Partial Summary Judgment (Doc. 73) is GRANTED; ... DISMISSED WITHOUT PREJUDICE as to ... his religious discrimination claim as it relates to halal meals and all claims against Defendants Hatch, Frazier, Jackson, and Jones; ... DISMISSED WITH PREJUDICE as to Plaintiff's request for compensatory damages except as to the March 2021 Incident; claims for injunctive relief against individual-capacity Defendants; claims for money damages against official-capacity Defendants”
“Summary judgment is GRANTED in Defendant's favor and DISMISSED WITHOUT PREJUDICE as to Plaintiff's claims related to the March 2021 Incident and 2022 rape disciplinary convictions and DISMISSED WITH PREJUDICE as to Plaintiff's religious discrimination claim related to Muslim pastoral visits”
“the Chapter 7 Trustee's Motion to Dismiss Appeal as Moot and in the Alternative, Dismiss Improper Parties (Doc. 27) is GRANTED; ... this appeal is DISMISSED WITHOUT PREJUDICE”
“Plaintiff's Motion to Close Duplicate Case and Refund Request, ECF No. 3, is GRANTED IN PART AND DENIED IN PART ... Plaintiff's request for a refund of the filing fee is DENIED; and ... This case is DISMISSED as duplicative”
Caseload & timing
From public federal docket records for this judge.
Referral magistrate. Per his own NMHU interview his referred docket spans civil-rights (1983), medical-malpractice, FLSA employment, diversity (e.g. auto-accident), Social-Security appeals, bankruptcy appeals, and federal criminal matters (drug / human-smuggling). Not enumerable via docket assigned_judge; composition only, NOT a grant rate.