Laura N. Fashing
How Judge Fashing decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Polices subject-matter jurisdiction strictly: recommends dismissal/remand under the well-pleaded-complaint rule when a case is improperly removed, rather than reaching the merits.
“the magistrate judge's recommendation to dismiss this case for lack of subject matter jurisdiction and remand it to state court.”
Bars equitable/declaratory relief where the litigant had (and abandoned) an adequate remedy at law such as appeal; treats the Declaratory Judgment Act as no substitute for appeal -- and, although a pro se non-response counts as consent under the local rule, still decides dispositive motions on the merits for pro se litigants.
“Because Ross could remedy the alleged wrongs by way of an appeal, injunctive and declaratory relief is not available.”
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 = 1 |
Granted: 1 | counts only |
| Remand N = 1 |
Granted: 1 | counts only |
| Motion for sanctions 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.
“the Court overrules Robinson's objections and adopts the magistrate judge's recommendation to dismiss this case for lack of subject matter jurisdiction and remand it to state court.”
“I find that the motion is well-taken and recommend that it be granted, and that this case be dismissed with prejudice. ... I therefore recommend that the Court grant Judge Kelly's motion to dismiss (18-cv-9, Doc. 9) and dismiss Ross's complaint with prejudice.”
“The Court concludes that the Honorable Laura Fashing's ... PFRD is not clearly erroneous ... and the Court therefore adopts it. The Court will sanction Davis and enter default judgment against him on all issues of liability. ... (ii) the Court enters default judgment against Defendant Erikson Davis on all issues of liability”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 441 days (N = 9).
Judge of record by consent on a steady stream of Social Security disability appeals (DIWC/DIWW, SSID Tit. XVI; 42:405(g)) where she issues the final merits memorandum opinion granting or denying remand; also handles diversity insurance and personal-injury cases (referred out to other magistrates for discovery), FOIA/APA suits against federal immigration agencies (Santa Fe Dreamers Project; NM AG v. ICE), debt-collection (FDCPA), and referral R&Rs on civil-rights sec.1983 dockets. NOT a grant rate -- role/composition only.