Steven C. Yarbrough
How Judge Yarbrough rules, drawn from 30 signed orders. Every observation links to the order it came from.
About Judge Yarbrough
Steven C. Yarbrough has served as a United States Magistrate Judge for the District of New Mexico since May 2014, with chambers in Albuquerque. Before joining the bench, he served as an Assistant United States Attorney and as Acting United States Attorney for the District of New Mexico.
Judge Yarbrough's practices and standing orders
Rules for cases before Judge Yarbrough, as published on the court's website (checked October 9, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
- General Trial Rules ↗
- Format for Witness and Exhibit Lists ↗
- Protective Order Guidelines ↗
- Phone Conferences ↗
- Dress Code ↗
- Stock Jury Instructions ↗
Key rules
Discovery
For a stipulated protective order, attach the proposed order to the motion and email a Word copy to Yarbrough’s proposed-text address.
“their counsel should file a stipulated motion for protective order with the proposed protective order attached as an exhibit to the motion. The parties must also email a copy of their proposed protective order (in Word format) to [email protected].”
Discovery
Yarbrough accepts requests for informal telephone conferences on narrow discovery disputes.
“Judge Yarbrough will accept requests for telephonic, informal resolution of disputes over discovery matters, including resolution of problems occurring during a deposition, provided that the following requirements are met:”
Trial
Yarbrough does not allow speaking objections before the jury.
“Speaking objections will not be allowed. Cite the Rule of Evidence or common designation for your objection”
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 9, 2026).
How Judge Yarbrough decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Garcia, Yarbrough held that the hospital succeeded the prior contractor for Family and Medical Leave Act liability because the essential medical and mental-health operation at the detention center continued despite a management change.
“a change in management, the essential operation of providing medical care and mental health services at MDC did not substantially change.”
In Vasquez, he recommended denying spoliation sanctions because the plaintiff had not shown culpability or actual prejudice from gaps in video evidence.
“this time, however, because Plaintiff has not demonstrated culpability or actual prejudice, he is not entitled to spoliation of evidence sanctions.”
Procedural preferences
In a Social Security appeal, he recommended a sentence-four remand where the administrative law judge did not discuss relevant subjective-symptom evidence and mischaracterized improvement with treatment as inconsistent with a treating-source opinion.
“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.”
In Auld v. Central New Mexico Community College, he recommended dismissing the remaining claims under Rule 41(b) for failure to prosecute; the district judge adopted that recommendation.
“Judge Yarbrough recommends that the Court dismiss Plaintiff's remaining claims under Federal Rule of Civil Procedure 41(b) for failure to prosecute.”
In Sanmartin, Yarbrough denied a motion to compel after identifying defects in the requests and the effort to confer, and denied both sides’ fee requests after the defendant supplemented some responses.
“Accordingly, in light of the deficiencies identified above, the Court DENIES Plaintiff’s Motion to Compel (Doc. 91).”
In a habeas case, Yarbrough recommended striking a second petition filed without consent or leave to amend or supplement; the district judge adopted the recommendation.
“Because Mr. Decilien did not obtain the opposing party’s written consent or leave of the Court”
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.”
“dismiss from the original complaint (Doc. 1-1) the federal law claim with prejudice, and decline supplemental jurisdiction over the remaining state law claims”
“I recommend that the Court deny the revised motion to amend as to the False Claims Act count because that claim is futile”
“the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (Dkt. No. 21) is hereby GRANTED. Plaintiff is awarded attorney fees in the amount of $5,972.40 as the prevailing party herein.”
“attorney fees be, and hereby are, awarded under the EAJA ... in the amount of $7,308.00 in attorney fees”
“For the reasons discussed above, the Court GRANTS IN PART AND DENIES IN PART Defendant’s Motion to Compel Plaintiff to Fully Respond to Discovery Requests (Doc. 47).”
“Therefore, the Court DENIES the motion in full and orders the Clerk’s Office to UNSEAL Document 48.”
“Because Plaintiff’s request to serve additional discovery is deemed unopposed, the Court GRANTS the request.”
“THEREFORE, IT IS ORDERED THAT Defendants’ Motion for Protective Order, Doc. 85, is GRANTED; and Plaintiff’s Motion To Compel, Doc. 89, is DENIED.”
“THEREFORE, IT IS ORDERED THAT Defendants’ Motion To Compel Plaintiff’s Disclosures Under D.N.M. LR-Civ. 26.3(d), Doc. 75, is GRANTED IN PART and DENIED IN PART.”
“IT IS FURTHER ORDERED THAT Defendants’ Motion To Extend Pending Pretrial Deadlines, Doc. 76, is GRANTED.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 458 days (N = 10).
By party consent, Judge Yarbrough enters final decisions in a steady stream of Social Security disability appeals under Titles II and XVI. His work also includes Albuquerque criminal-duty matters and recommendations in civil-rights, foreclosure, and other civil cases. This describes the composition of his work, not a grant rate.
Pending matters in the official report
Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.
| Motions pending more than six months | 0 |
| Bench trials submitted more than six months | 0 |
| Bankruptcy appeals pending more than six months | 0 |
| Social Security appeals pending more than six months | 0 |
| Civil cases pending more than three years | 1 |
| Report | Motions over six months | Cases over three years |
|---|---|---|
| Mar 2026 | 0 | 1 |
| Sep 2025 | 0 | 1 |
| Mar 2025 | 0 | 1 |
| Sep 2024 | 0 | 1 |
| Mar 2024 | 0 | 2 |
| Sep 2023 | 4 | 0 |
| Mar 2023 | 1 | 0 |
| Sep 2022 | 6 | 0 |
| Mar 2022 | 1 | 1 |
| Sep 2021 | 2 | 1 |
| Mar 2021 | 2 | 0 |
| Sep 2020 | 0 | 0 |
A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.
How long civil cases take in this court
For the whole of United States District Court for the District of New Mexico, not for Judge Yarbrough: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.
| Cases | Median time | |
|---|---|---|
| All civil cases closed | 908 | 8.2 months |
| Closed with no court action | 150 | 4.1 months |
| Closed before pretrial | 511 | 7 months |
| Closed during or after pretrial | 242 | 13.8 months |
| Closed during trial | 5 | not reported |
| 12 months ending | Cases closed | Median time |
|---|---|---|
| Sep 2025 | 908 | 8.2 months |
| Sep 2024 | 918 | 8 months |
| Sep 2023 | 835 | 10.6 months |
| Sep 2022 | 973 | 11.7 months |
| Sep 2021 | 909 | 9.6 months |
| Sep 2020 | 957 | 9 months |
| Sep 2019 | 965 | 9.6 months |
The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).
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Ezel grounds your drafting and research in this profile: what has persuaded Judge Yarbrough, and what has not, cited to the signed orders.
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