Kevin R. Sweazea
How Judge Sweazea rules, drawn from 21 signed orders. Every observation links to the order it came from.
How Judge Sweazea decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Applies habeas gatekeeping doctrines strictly: recommends dismissing untimely 28 U.S.C. 2254 petitions under AEDPA's 1-year clock where no statutory or equitable tolling applies (a pro se petitioner's ignorance of the law or lack of counsel does not qualify as extraordinary circumstances), and recommends dismissing 28 U.S.C. 2241 sentence-credit petitions as moot once the petitioner is released and no redressable collateral consequence remains.
“the Honorable Kevin R. Sweazea, United States Magistrate Judge ... recommends dismissal with prejudice of the petition for writ of habeas corpus that Petitioner Santana Serrano filed pursuant to 28 U.S.C. 2254.”
On Social Security appeals (where he sits as consent judge of record) applies the substantial-evidence / correct-legal-standard test and will remand where the ALJ failed to discuss significantly probative subjective-symptom evidence or mischaracterized the record, but expressly declines to reweigh evidence or substitute his judgment for the Commissioner's.
“the Court concludes that the Administrative Law Judge (ALJ) erred in her decision and will therefore GRANT Montoya's motion and remand this case back to the SSA”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the magistrate judge recommended that Plaintiff's motion for a temporary restraining order (Doc. 3) be denied. ... 2. Plaintiff's motion for a temporary restraining order (Doc. 3) is DENIED”
“Judge Sweazea recommended that the Court deny Mr. Martin's motion for preliminary injunction (Doc. 18) without prejudice; grant Mr. Martin's motion for partial dismissal (Doc. 16) ... Mr. Martin's motion for preliminary injunction (Doc. 18) is DENIED”
“the Honorable Kevin R. Sweazea, United States Magistrate Judge ... recommends dismissal with prejudice of the petition for writ of habeas corpus that Petitioner Santana Serrano filed pursuant to 28 U.S.C. 2254. ... The Court will overrule Serrano's Objections, adopt the PFRD, dismiss ... [the] Petition Under 28 U.S.C. 2254 ... with prejudice, and deny the certificate of appealability.”
“Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing the Commissioner’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of the Commissioner’s request for remand of this action for further proceedings, this Court hereby REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further administrative proceedings.”
“Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing the Commissioner’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of the Commissioner’s request for remand of this action for further proceedings, this Court hereby REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further administrative proceedings as set forth above.”
“With the consent of the parties to conduct dispositive proceedings in this matter, see 28 U.S.C. § 636(c); FED. R. CIV. P. 73(b), the Court has considered the parties’ filings and has thoroughly reviewed the administrative record. Having done so, the Court concludes that the ALJ erred in his decision and will therefore GRANT Plaintiff’s motion. ... Accordingly, Plaintiff’s Motion to Reverse and Remand for a Rehearing (Doc. 19) is GRANTED, and the Court remands this case back to the SSA for proceedings consistent with this opinion.”
“With the consent of the parties to conduct dispositive proceedings in this matter, see 28 U.S.C. § 636(c); FED. R. CIV. P. 73(b), the Court has considered the parties’ filings and has thoroughly reviewed the administrative record. Having done so, the Court concludes that the Commissioner erred in his decision and will therefore GRANT Plaintiff’s motion. ... Accordingly, Plaintiff’s Motion to Reverse and Award Benefits, or for Rehearing (Doc. 20) is GRANTED, and the Court remands this case back to the SSA for proceedings consistent with this opinion.”
“With the consent of the parties to conduct dispositive proceedings in this matter, see 28 U.S.C. § 636(c); FED. R. CIV. P. 73(b), the Court has considered the parties’ filings and has thoroughly reviewed the administrative record. Having done so, the Court concludes that the ALJ erred in his decision and will therefore GRANT Benally’s motion and remand this case back to the SSA for proceedings consistent with this opinion. ... Accordingly, Benally’s Motion to Reverse and/or Remand (Doc. 24) is GRANTED, and the Court remands this case back to the SSA for proceedings consistent with this opinion.”
“With the consent of the parties to conduct dispositive proceedings in this matter, see 28 U.S.C. § 636(c); FED. R. CIV. P. 73(b), the Court has considered the parties’ filings and has thoroughly reviewed the administrative record. Having done so, the Court concludes that the ALJ erred in his decision and will therefore GRANT Plaintiff’s Motion and remand this case back to the SSA for proceedings consistent with this opinion.”
“Plaintiff Victoria A. E.'s Motion for Reversal and Remand to the Social Security Administration, (Doc. 14), is GRANTED. IT IS FURTHER ORDERED that the Commissioner's final decision is REVERSED and this matter is REMANDED for further proceedings consistent with this Memorandum Opinion and Order.”
“the Court finds that the settlement is fair, reasonable, and in the minor Plaintiff's best interests ... The Joint Motion to Approve Minor Settlement (Doc. 25) be granted.”
“the amended proofs of service fail to establish service was effected. Accordingly, the Motion (Doc. 39) is GRANTED.”
“the undersigned further RECOMMENDS that Plaintiff's claims against Defendants Todd Danley, Deanna Preston, Brendan Rodella, and Bryce Bailey be dismissed without prejudice.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 365.5 days (N = 10).
By party consent, Judge Sweazea enters final decisions in Social Security disability appeals. He also writes recommendations in state- and federal-prisoner habeas cases and prisoner civil-rights matters. This describes the composition of his work, not a grant rate.
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