Mark D. Clarke
How Judge Clarke rules, drawn from 29 signed orders. Every observation links to the order it came from.
How Judge Clarke decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For PLRA exhaustion, a grievance must address the actual incident and responsible conduct underlying the lawsuit; grievances about adjacent medical issues do not exhaust the claim.
“none of the three Grievances address the 'incident, issue, or action' at the heart of Plaintiff's claims”
Procedural preferences
He applies limitations periods precisely when the accrual record is undisputed, including a filing that missed the deadline by one day.
“Plaintiff filed this action on June 5th, 2024-one day after the limitations period had run.”
When a self-represented plaintiff stopped communicating and failed for more than sixty days to provide a current address, Clarke weighed the five dismissal factors and recommended dismissal without prejudice rather than leaving the case indefinitely stalled.
“the first, second, third, and fifth Carey factors thus weigh in favor of dismissal. Though disposition on the merits is preferred, the other factors together outweigh the public interest in disposing of this case on the merits.”
Cautions
A self-represented plaintiff ordinarily receives an opportunity to amend, but repeated failure to state a claim can lead to dismissal with prejudice when further amendment would be futile.
“The Court has already granted Plaintiff leave to amend her complaint and finds that providing addition opportunities would be futile and a waste of judicial resources.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The City's Motion (#9) should be GRANTED in part and DENIED in part. Plaintiffs fourth and fifth claims for relief should be dismissed, and the prayer for prejudgment interest is construed to apply to the $150,000 bond amount only. Dismissal should be without prejudice.”
“Judge Clarke recommends that Respondent's Motion to Dismiss, ECF No 11, be granted and the petitions dismissed. ... Judge Clarke's F&R is therefore ADOPTED and Respondent's Motion to Dismiss, ECF No. 11, is GRANTED. The Petitions are DISMISSED”
“Judge Clarke recommends that Defendant's Motion for Summary Judgment, ECF No. 29, be denied. ... The F&R, ECF No. 41, is therefore ADOPTED and Defendant's Motion for Summary Judgment, ECF No. 29, is DENIED.”
“Judge Clarke recommends that Plaintiffs' Petition for Return of Property, ECF No. 1, be DENIED and this case be DISMISSED. ... The F&R is ADOPTED. Plaintiffs' Petition for Return of Property is DENIED and this case is DISMISSED.”
“the defendants' motion (#32) should be GRANTED in part and DENIED in part. Plaintiff should be given leave to replead her damages within 30 days of a ruling by the District Court on this matter.”
“The F&R is therefore ADOPTED and the Petition for Writ of Habeas Corpus, ECF No. 1, is DENIED and this case is DISMISSED with prejudice.”
“Magistrate Judge Clarke's Findings and Recommendation (ECF No. 30) is adopted in full. FedLoan Servicing's Motion for Judgment on the Pleadings (ECF No. 20) is GRANTED and this case is DISMISSED.”
“Magistrate Judge Clarke's Findings and Recommendation (ECF No. 18) is adopted in full. The social security case should be reversed and remanded for further proceedings.”
“Magistrate Judge Clarke's Findings and Recommendation (ECF No. 39) is adopted in full. Defendants' Motion to Dismiss (ECF No. 31) is GRANTED.”
“Magistrate Judge Clarke's Findings and Recommendation (ECF No. 298) is adopted in full. Defendants' Motion for Summary Judgment (ECF No. 253) is GRANTED in part and DENIED in part.”
“Plaintiff's partial Motion for Summary Judgment (ECF No. 255) is DENIED.”
“Plaintiff's Motion for Judicial Notice (ECF No. 256) is DENIED.”
“Magistrate Judge Clarke's Findings and Recommendation (ECF No. 20) is adopted. First Motion Against Plaintiff's Complaint (EFC No. 7) is GRANTED. Plaintiff's claim of Intentional Infliction of Emotional Distress against Defendant Stephen R. Hedlund is dismissed.”
“Magistrate Judge Clarke's Findings and Recommendation (ECF No. 81) is ADOPTED in full. Plaintiff's Motion for Fees (ECF No. 40) is GRANTED.”
Caseload & timing
From public federal docket records for this judge.
The 2023 Medford case sample includes environmental and water disputes, employment civil-rights matters, Social Security appeals, consumer-credit, contract, and prisoner civil-rights cases. Reported durations measure the life of each case, not the time taken to decide a motion.
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