Kent J. Dawson
How Judge Dawson rules, drawn from 25 signed orders. Every observation links to the order it came from.
How Judge Dawson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For a Section 2255 motion invoking a later Supreme Court decision, requires the movant to show that the decision recognized a new right and was made retroactive on collateral review before using the later limitations trigger.
“Moreover, assuming, without deciding, that Dubin did recognize a new right, Buck’s argument would still fail because nothing in that opinion was made retroactive to cases on collateral review.”
Procedural preferences
Addresses timeliness before the merits in post-conviction review and applies the one-year deadline even when the government files no response.
“Before addressing the merits of Buck’s argument, the Court must first determine whether her motion is timely, and upon review, the Court finds it untimely.”
Cautions
Liberal construction of a pro se filing does not excuse compliance with procedural deadlines.
“Although the Court must construe pro se pleadings liberally, ‘pro se litigants are bound by the rules of procedure.’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDER Granting 21 Motion for Summary Judgment. Clerk to enter Judgment for Defendant. Signed by Judge Kent J. Dawson on 4/17/07.”
“ORDER Granting 29 Motion for Summary Judgment. Signed by Judge Kent J. Dawson on 4/25/12.”
“ORDER granting in part and denying in part 134 Motion for Summary Judgment. Signed by Judge Kent J. Dawson on 09/30/2007.”
“ORDER denying 135 Motion for Summary Judgment. Signed by Judge Kent J. Dawson on 09/30/2007.”
“ORDER Granting in part and Denying in part 18 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Kent J. Dawson on 6/27/07.”
“ORDER denying 4 Motion for Preliminary Injunction. Signed by Judge Kent J. Dawson on 6/9/08.”
“ORDER that Defendants' 28 Motion for Summary Judgment is GRANTED in part, as to Plaintiff's claim brought under 42 USC 1983. Plaintiff's remaining claims are remanded to state court pursuant to 28 USC 1447(c). Case terminated. Signed by Judge Kent J. Dawson on 11/19/09.”
“Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for Summary Judgment and Injunctive Relief (# 54) is DENIED.”
“IT IS FURTHER ORDERED that Defendant BLM's Motion for Summary Judgment (# 56) is GRANTED.”
“IT IS FURTHER ORDERED that Defendant LVMPD's Counter-Motion for Summary Judgment (# 58) is GRANTED.”
“Accordingly, IT IS HEREBY ORDERED that Defendant's Motion to Suppress Involuntary Statements (# 18), Defendant's Supplemental Motion to Suppress (#28), and Defendant's Motion to Dismiss Count Two of the Indictment (# 13) are DENIED.”
“IT IS THEREFORE ORDERED that the Magistrate Judge's Findings and Recommendations (# 25) entered April 23, 2009, are ADOPTED and AFFIRMED, and Defendant's Motion to Suppress in Violation of the Fifth and Fourth Amendments (# 16) is GRANTED in part and DENIED in part, and that Defendant's Motion to Suppress Identification Evidence (# 17) is DENIED.”
“For the reasons stated herein, IT IS HEREBY ORDERED that Defendants' Motion for Summary Judgment (#28) is GRANTED.”
“Accordingly, it is HEREBY ORDERED that Plaintiffs' Motion for Summary Judgment (# 2) is GRANTED;”
Caseload & timing
From public federal docket records for this judge.
As a senior judge, Dawson's sampled recent assignments skew heavily toward prisoner motions to vacate under 28 U.S.C. 2255 and Social Security appeals, with an occasional consumer-credit case. The case-duration figure below comes from an older terminated civil matter.
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