Gregory B. Wormuth

United States District Court for the District of New Mexico magistrate 3 signed orders read

How Judge Wormuth decides

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

Procedural preferences

Strongly enforces administrative-exhaustion prerequisites before reaching the merits -- PLRA exhaustion in prisoner sec.1983 cases (O'Neill) and FOIA administrative exhaustion against federal agencies (Adamo), each resulting in a recommended dismissal WITHOUT prejudice so the litigant can re-file after curing.

“the Court should grant the Defendants' Motion for Summary Judgment on the basis that Plaintiff ... failed to exhaust administrative remedies as to all of the claims presented, as the Prison Litigation Reform Act ... requires.”

In Social Security appeals expects the plaintiff to file a substantive motion to reverse/remand that identifies the issues on appeal and argues why reversal/remand is appropriate; will issue an order to show cause and then recommend a failure-to-prosecute dismissal (without prejudice) if no such motion appears -- but offers pro se plaintiffs an extra opportunity first.

“the motion 'must identify the issues on appeal and argue why reversal or remand is appropriate.'”

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 dismiss
N = 2
Granted: 2 counts only
Summary judgment
N = 1
Granted: 1 counts only
Dismissal failure to prosecute
N = 1
Granted: 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.

O'Neill v. Jaramillo et al. (cons. O'Neill v. Marcantel)
1:11-cv-00858-JB-GBW (cons. 1:12-cv-00054)
Summary judgment (defendant) Granted

“The Honorable Gregory B. Wormuth, United States Magistrate Judge, filed a Proposed Findings and Recommended Disposition ... concluding that the Court should grant the Defendants' Motion for Summary Judgment on the basis that Plaintiff Daniel O'Neill failed to exhaust administrative remedies as to all of the claims presented, as the Prison Litigation Reform Act ... requires.”

Adamo v. Romero et al.
2:15-cv-00971-JB-GBW
Motions to dismiss (defendant) Granted

“recommended the following: (i) granting Defendants Blaine Rennie's and Sergeant Burns' Amended Rule 12(b)(1) Motion to Dismiss Based on Lack of Subject Matter Jurisdiction ... all claims against these Defendants are dismissed without prejudice; and (viii) the Plaintiff's First Amended Complaint ... is hereby stricken as improperly filed, and leave to amend is denied as futile.”

Motions to dismiss (defendant) Granted

“granting Defendants Lisa Keyes', Stephanie Legaretta', Lee Whitis', and Anna Martinez' Motion to Dismiss and for Summary Judgment ... in favor of the Department of Homeland Security”

Borzoni v. O'Malley (Commissioner of Social Security)
2:24-cv-00546-JCH-GBW
Dismissal failure to prosecute (court) Granted

“Judge Wormuth recommends that '[a]ssuming Plaintiff does not file a Motion to Reverse or Remand to the Administrative Agency within 14 days of the issuance of this [PFRD], the Court DISMISS WITHOUT PREJUDICE Plaintiff's Complaint.' ... 3. The Court DISMISSES Plaintiff's Complaint WITHOUT PREJUDICE.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 505 days (N = 8).

Judge of record by consent on a steady stream of Social Security disability appeals (DIWC/DIWW, SSID Tit. XVI; 42:405(g)); criminal-duty magistrate in the Las Cruces border division (a March 2026 batch of ~15 U.S. v. <name> immigration petty-offense cases all filed and terminated the same day, 2026-03-12); referral magistrate on FLSA, FTCA/personal-injury, diversity med-mal, and civil-rights sec.1983 dockets; and the referred magistrate on alien-detainee 28 U.S.C. 2241 habeas petitions in the 2026 surge. NOT a grant rate -- role/composition only.