Howard D. McKibben

How Judge McKibben rules, drawn from 21 signed orders. Every observation links to the order it came from.

Court
United States District Court for the District of Nevada
Position
District judge
Status
Senior status
Appointed by
Ronald Reagan (Republican)
Commissioned
October 4, 1984
Education
Bradley University (B.S., 1962); University of Pittsburgh (M.P.A., 1964); University of Michigan Law School (J.D., 1967)
Signed orders read
21

About Judge McKibben

Howard D. McKibben is a judge of the United States District Court for the District of Nevada. Appointed by President Ronald Reagan, Judge McKibben received a commission on October 4, 1984. Judge McKibben assumed senior status on April 1, 2005.

How Judge McKibben decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In post-conviction review, alleged error does not warrant relief without actual prejudice; a claimed credibility issue failed where it did not affect the court's independent basis for upholding the stop.

“Thus, as Hylton cannot show actual prejudice, he has not established a due process violation and is not entitled to relief on this ground.”

Procedural preferences

In Hylton v. United States, McKibben denied an evidentiary hearing on the § 2255 motion because the motion and existing case record conclusively showed Hylton was not entitled to relief.

“Because the motion and files and records of this case conclusively show that Hylton is not entitled to relief, his request for an evidentiary hearing will be denied.”

Cautions

Ineffective-assistance arguments must show both deficient performance and a reasonable likelihood of a different result; omitting a weak appellate issue does not satisfy that standard.

“It is not reasonably likely, then, that any such argument would have been successful on appeal, and Hylton therefore cannot establish prejudice.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Jason Evan Browne v. Lt. Morris
3:05-cv-00618 · 2007-08-09
Summary judgment (defendant) Granted

“ORDER ADOPTING AND ACCEPTING 50 REPORT AND RECOMMENDATIONS. Defendants' mtn for summ jdgmt 36 is GRANTED and plaintiff's mtn for summ jdgmt 41 is DENIED. Signed by Judge Howard D. McKibben on 8/9/07.”

Summary judgment (plaintiff) Denied

“Defendants' mtn for summ jdgmt 36 is GRANTED and plaintiff's mtn for summ jdgmt 41 is DENIED. Signed by Judge Howard D. McKibben on 8/9/07.”

Young v. State of Nevada
3:17-cv-00118 · 2019-10-15
Motions to dismiss (defendant) Granted in part

“ORDERED that respondents' motion to dismiss (ECF No. 43) is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE as specified herein. Signed by Judge Howard D. McKibben on 10/15/2019.”

Young v. State of Nevada
3:17-cv-00118 · 2020-03-31
Habeas petition (plaintiff) Denied

“The Second Amended Petition (ECF No. 32) is DENIED, and this action is DISMISSED with prejudice. Young is DENIED a Certificate of Appealability. ... Signed by Judge Howard D. McKibben on 3/31/2020.”

Goggin v. Enterprise Leasing Co.-West, LLC
3:17-cv-00238 · 2018-08-23
Summary judgment (Enterprise Leasing Company-West, LLC) Granted

“Therefore, Enterprise's motion for summary judgment (ECF No. 89) is GRANTED and judgment shall be entered in favor of Enterprise and against plaintiff Robert M. Goggin.”

Beach v. Wal-Mart Stores, Inc.
· 2013-07-23
Motion for attorney fees (Wal-Mart Stores, Inc.) Granted in part

“The defendant's motion for attorney's fees and other nontaxable costs (#74) is GRANTED IN PART and DENIED IN PART. It is DENIED as to the request for expert witness fees and other nontaxable costs. It is GRANTED as to the request for attorney's fees, which are hereby awarded in the amount of $32,754.50.”

Van Pelt v. Skolnik
· 2012-09-21
Summary judgment (defendants) Granted in part

“In accordance with the foregoing, the defendants' motion for summary judgment is GRANTED IN PART and DENIED IN PART. The motion is denied as to the plaintiff's Title VII retaliation claim but is granted as to plaintiff's Title VII gender discrimination claim and her First Amendment retaliation claim.”

Western Watersheds Project v. Lueders
· 2015-08-13
Summary judgment (U.S. Bureau of Land Management) Granted

“Accordingly, and based on the foregoing, defendant U.S. Bureau of Land Management's motion for summary judgment (# 54) is GRANTED.”

Summary judgment (Western Watersheds Project) Denied

“Plaintiff Western Watershed Project's motion for summary judgment (# 45) is DENIED.”

Griffin v. Benedetti
3:07-cv-00525-HDM-VPC · 2011-03-30
Habeas corpus petition (Samuel Griffin) Denied

“IT THEREFORE IS ORDERED that the petition for a writ of habeas corpus shall be DENIED and that this action shall be DISMISSED with prejudice on the merits.”

Certificate of appealability (Samuel Griffin) Denied

“IT FURTHER IS ORDERED that a certificate of appealability is DENIED.”

McVay v. Allied World Assurance Co.
· 2014-04-18
Motions to dismiss (Allied World Assurance Co. and York) Granted

“Because the plaintiff has not obtained a judgment against FTDC, she is not a named insured or specific intended beneficiary of the contract, and she has not alleged any acts or representations of the insurer that caused her to act in reliance on them, the defendants' motions to dismiss (#15, #22) are GRANTED.”

Motion for leave to amend (plaintiff) Denied

“Plaintiff's request for leave to amend is DENIED, and this action is hereby DISMISSED.”

Takiguchi v. MRI International, Inc.
· 2014-09-18
Motions to dismiss (defendants) Granted in part

“In accordance with the foregoing, the Suzuki defendants' motion to dismiss is GRANTED as to the fraudulent transfer claim, and such claim is DISMISSED WITHOUT PREJUDICE. Sterling Escrow's motion to dismiss the fraud and § 10(b) and Rule 10b-5 claims against it is GRANTED, and said claims are DISMISSED WITHOUT PREJUDICE. In all other respects, the motions to dismiss (# 161, # 170 & # 171) are DENIED.”

Cloud Foundation v. United States Bureau of Land Management
3:11-cv-00459-HDM-VPC · 2011-07-15
Preliminary injunction (plaintiffs) Denied

“Plaintiffs' motion for preliminary injunction (# 10) is DENIED.”

Animal Protection Institute of America, Inc. v. Hodel
CV-N-85-365-HDM · 1987-07-08
Summary judgment (Animal Protection Institute of America, Inc. and the Fund for Animals, Inc.) Granted

“Therefore, Plaintiffs' Motion for Summary Judgment is GRANTED.”

Summary judgment (Secretary of the Interior) Denied

“The Defendants' Motion for Summary Judgment is DENIED.”

Caseload & timing

From public federal docket records for this judge.

As a long-serving senior judge in Reno, McKibben's reviewed recent docket is heavily weighted toward prisoner motions to vacate under 28 U.S.C. § 2255, with occasional criminal matters. Older terminated civil cases include HOA-foreclosure and prisoner civil-rights litigation, although several older case timelines are incomplete.

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 months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years0
ReportMotions over six monthsCases over three years
Mar 202600
Sep 202500
Mar 202500
Sep 202400
Mar 202400
Sep 202300
Mar 202300
Sep 202200
Mar 202200
Sep 202100
Mar 202121
Sep 202000

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 Nevada, not for Judge McKibben: 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.

CasesMedian time
All civil cases closed2,1008 months
Closed with no court action2905.4 months
Closed before pretrial1,7698.4 months
Closed during or after pretrial288 months
Closed during trial1362 months
12 months endingCases closedMedian time
Sep 20252,1008 months
Sep 20242,1778.5 months
Sep 20232,0008.4 months
Sep 20222,0308.8 months
Sep 20212,2918.6 months
Sep 20202,39210.4 months
Sep 20192,67911.5 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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