Stephan M. Vidmar
How Judge Vidmar decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On prisoner pro se dockets, uses the Martinez Report device and construes it as a motion for summary judgment, then recommends dismissal WITHOUT prejudice where the threshold defect is failure to exhaust PLRA administrative remedies.
“construed the Martinez Report on Behalf of Defendants Artiaga and Hohman ... as a motion for summary judgment. ... failed to exhaust his administrative remedies ... recommended granting Artiaga and Hohman's MSJ and dismissing ... without prejudice.”
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 |
| Summary judgment 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.
“In the PFRD, the Honorable Stephan M. Vidmar, United States Magistrate Judge, recommended granting the Defendants' 12(b)(6) Motion to Dismiss No. IV: Dismissal of Count Eight of Plaintiff's Complaint Alleging Violation of Plaintiff's Fifth Amendment Right to Due Process ... the Defendants' 12(b)(6) Motion to Dismiss No. IV ... is granted; and ... Count VIII of the Complaint ... is dismissed with prejudice.”
“the Honorable Stephan M. Vidmar, United States Magistrate Judge, construed the Martinez Report on Behalf of Defendants Artiaga and Hohman ... as a motion for summary judgment. ... Judge Vidmar found that Plaintiff Bernest Benjamin had failed to exhaust his administrative remedies ... He therefore recommended granting Artiaga and Hohman's MSJ and dismissing Benjamin's claims against them without prejudice. ... Plaintiff Bernest Benjamin's claims against Defendants Lawrence Artiaga and Michael Hohman are dismissed without prejudice”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 329.5 days (N = 10).
Judge of record by consent on a steady stream of Social Security disability appeals (DIWC/DIWW Tit. II; SSID Tit. XVI; 42:405(g)) -- the docket spine; referral magistrate on prisoner sec.1983 and other civil dockets (the reasoning layer); heavy Las Cruces criminal/immigration duty docket while active. NOT a grant rate -- role/composition only.