Steven C. Yarbrough
How Judge Yarbrough decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
In Social Security appeals will recommend a sentence-four remand where the ALJ failed to build the required logical bridge -- e.g. did not discuss relevant subjective-symptom evidence or mischaracterized 'improvement with treatment' as inconsistent with a treating-source opinion -- and will recommend affirming (denying the claimant's motion to remand) where the ALJ's decision is supported. Both directions appear in his record.
“Judge Yarbrough found that the Administrative Law Judge erred by failing to discuss a relevant allegation of Plaintiff's subjective symptom evidence, and in stating that evidence showing 'improvement with treatment' was inconsistent with Dr. Bergsten's opinion.”
Enforces basic prosecution/service obligations: will recommend dismissal without prejudice under Rule 4(m) when a plaintiff fails to serve defendants and under Rule 41(b) when a plaintiff fails to prosecute, after the opportunity to cure has lapsed.
“Judge Yarbrough recommends that the Court dismiss Plaintiff's remaining claims under Federal Rule of Civil Procedure 41(b) for failure to prosecute.”
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: 2 | counts only |
| Motions to dismiss N = 1 |
Denied: 1 | counts only |
| Dismissal failure to serve 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.
“In this PFRD, Judge Yarbrough recommends that the Court dismiss Plaintiff's remaining claims under Federal Rule of Civil Procedure 41(b) for failure to prosecute. ... All of Plaintiff's remaining claims against Defendants will be dismissed without prejudice by separate order.”
“Judge Yarbrough advises the Court to dismiss Plaintiff's claims without prejudice under Federal Rule of Civil Procedure 4(m) because Plaintiff has not served Defendants. ... 2. Plaintiff's claims are dismissed without prejudice.”
“advising that the Court: ... (iii) deny Defendant Access Corrections' Motion to Dismiss Motion for Summary Judgment, filed November 10, 2016 (Doc. 48)(“Motion to Dismiss”). ... Accordingly, the Court will: ... (iv) deny the Defendant's Motion to Dismiss.”
“Judge Yarbrough recommended the Court grant Plaintiff's Opposed Motion To Reverse and/or Remand, Doc. 17, and remand for further proceedings. Judge Yarbrough found that the Administrative Law Judge erred by failing to discuss a relevant allegation of Plaintiff's subjective symptom evidence ... 2. Plaintiff's Opposed Motion To Reverse and/or Remand, (ECF No.17), is GRANTED”
“Judge Yarbrough recommended the Court grant Plaintiff's Motion to Remand, Doc. 10, and remand for further proceedings. ... 2. Plaintiff's Motion To Remand, Doc. 10, is GRANTED; and 3. The Court remands for further proceedings consistent with the PFRD.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 458 days (N = 10).
Judge of record by consent on a steady stream of Social Security disability appeals (DIWC/DIWW, SSID Tit. XVI; 42:405(g)) and Albuquerque criminal-duty matters (mr/mj warrant and complaint dockets); referral magistrate on civil-rights sec.1983, foreclosure (28:1345), and other civil dockets. NOT a grant rate -- role/composition only.