Maureen P. Kelly
How Judge Kelly decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In prisoner civil-rights cases, recommends denying a defendant's motion to dismiss where the claim is adequately pleaded; adopted in full.
“Before the Court is the Honorable Maureen P. Kelly's May 11, 2022 Report and Recommendation (ECF No. 46), which recommends that the Motion to Dismiss (ECF No. 37) filed by Defendants ... be denied. ... The Court accepts and adopts Judge Kelly's Report and Recommendation in its entirety as the opinion of the Court. Defendants' Motion to Dismiss is denied.”
Recommends granting summary judgment for corrections defendants on PLRA administrative-exhaustion and related failures.
“The R&R recommends that 1) the pending motions for summary judgment by Correction Defendants Sgt. Wiles and Lt. Dailey and defendant Darla Cowden be granted and 2) judgment be entered against plaintiff and in favor of all defendants. ... IT IS ORDERED that [73], [77] the motions be, and the same hereby are, granted.”
Procedural preferences
When recommending dismissal on a motion to dismiss, commonly does so with leave to amend rather than with prejudice.
“A Report and Recommendation was filed by Chief United States Magistrate Judge Maureen P. Kelly on May 15, 2018, (ECF 31) which recommended granting the Motion to Dismiss. ... Defendants' Motion to Dismiss (ECF 27) is GRANTED. Plaintiff is granted leave to file an amended complaint that rectifies the deficiencies outlined in the Report and Recommendation by June 28, 2018.”
Cautions
Enforces summary-judgment deadlines: recommends denying a party's cross-motion filed untimely or directed at claims no longer pending.
“Magistrate Judge Maureen P. Kelly entered a Report and Recommendation (ECF No. 145) dated August 12, 2021 recommending that Plaintiff's Cross-Motion be denied because it was untimely filed and because the claims on which Plaintiff seeks summary judgment are no longer pending ... Plaintiff's Cross-Motion for Summary Judgment is denied.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Before the Court is the Honorable Maureen P. Kelly's May 11, 2022 Report and Recommendation (ECF No. 46), which recommends that the Motion to Dismiss (ECF No. 37) filed by Defendants ... be denied. ... The Court accepts and adopts Judge Kelly's Report and Recommendation in its entirety as the opinion of the Court. Defendants' Motion to Dismiss is denied.”
“A Report and Recommendation was filed by Chief United States Magistrate Judge Maureen P. Kelly on May 15, 2018, (ECF 31) which recommended granting the Motion to Dismiss. ... Defendants' Motion to Dismiss (ECF 27) is GRANTED. Plaintiff is granted leave to file an amended complaint that rectifies the deficiencies outlined in the Report and Recommendation by June 28, 2018.”
“The R&R recommends that 1) the pending motions for summary judgment by Correction Defendants Sgt. Wiles and Lt. Dailey and defendant Darla Cowden be granted and 2) judgment be entered against plaintiff and in favor of all defendants. ... IT IS ORDERED that [73], [77] the motions be, and the same hereby are, granted.”
“Magistrate Judge Maureen P. Kelly entered a Report and Recommendation (ECF No. 145) dated August 12, 2021 recommending that Plaintiff's Cross-Motion be denied because it was untimely filed and because the claims on which Plaintiff seeks summary judgment are no longer pending ... Plaintiff's Cross-Motion for Summary Judgment is denied.”
“Judge Kelly entered a Report and Recommendation (ECF No. 154) dated October 19, 2021 recommending that Defendants' Motion be granted as to the sole remaining claim, specifically Plaintiff's First Amendment retaliation claim at Count B ... Defendants' Motion for Summary Judgment is granted.”
Kelly's own R&R (/s/ Maureen P. Kelly). IFP 28 U.S.C. 1915(e)(2)(B) pre-service screening: pro se plaintiff sued elected officials over a discontinued bus route; recommended dismissal WITHOUT prejudice (defendants had no control over the route; failed to name the Port Authority). Quote: 'the Court recommends that Plaintiff's Complaint be dismissed without prejudice prior to service pursuant to 28 U.S.C. 1915.' Because no party motion was at issue, it is excluded from the grant-rate statistics.
Pro se IFP 28 U.S.C. 1915(e) screening. Kelly recommended sua sponte dismissal as frivolous/malicious/failure to state a claim, leave denied as futile; Horan adopted, dismissed WITH prejudice. Quote: 'recommending that the Complaint be dismissed sua sponte, in accordance with 28 U.S.C. 1915(e), as frivolous, malicious, and for failure to state a claim ... the Complaint is dismissed with prejudice.' Contrast Brown v. Peduto (without prejudice). Because no party motion was at issue, it is excluded from the statistics.
Pro se prisoner case. Kelly recommended Rule 41(b)/Poulis sua sponte dismissal for failure to prosecute (plaintiff failed to respond to a show-cause order); Colville adopted, dismissed WITH prejudice. Quote: 'recommending that this case be dismissed for failure to prosecute ... This action is hereby DISMISSED WITH PREJUDICE for failure to prosecute.' Because no party motion was at issue, it is excluded from the statistics.
“it is respectfully recommended that this case be dismissed without prejudice for failure to prosecute, and that a certificate of appealability be denied.”
“it is respectfully recommended that the Motion to Dismiss be granted in part and denied in part.”
“it is respectfully recommended that the Court grant the Motion to Dismiss, ECF No. 36, as to all claims against Allegheny County and Warden Harper, but deny the Motion to Dismiss as to Plaintiff’s claims against the remaining County Defendants.”
“It is further recommended that the Court deny the Motion to Dismiss, ECF No. 42, filed on behalf of Dr. Stechschulte.”
“It is further recommended that the Court grant the Partial Motion to Dismiss as to Plaintiff’s Eighth Amendment verbal harassment and conditions of confinement claims, and as to Plaintiff’s Fourteenth Amendment due process claims, and that the Court dismiss these claims without prejudice and with leave to amend.”
“it is respectfully recommended that the Court grant Defendants’ Motion for Summary Judgment, ECF No. 16, on exhaustion grounds as to Plaintiff’s claims arising from incidents on February 21, 2023, and March 14, 2023, and that summary judgment be entered in favor of Defendants Ingram and Fielder.”
“it is recommended that the Court deny Plaintiff’s request for a preliminary injunction.”
“It is further recommended that the Court deny Plaintiff’s Motion for Default as moot.”
Sua sponte R&R deciding no party motion; recommends the pro se prisoner Section 1983 complaint be dismissed without prejudice under Rule 41(b) for failure to prosecute after the plaintiff failed to cure in-forma-pauperis deficiencies. Grounding quote: “it is respectfully recommended that this action be dismissed without prejudice due to Plaintiff’s failure to prosecute.”
Caseload & timing
From public federal docket records for this judge.
Kelly's sample includes consent trademark, consumer, employment, disability, employee-benefits, motor-vehicle, prisoner civil-rights, and habeas matters, plus criminal duty cases. Many consent civil matters were referred to mediation and settled before a dispositive ruling; her dispositive work is more visible in recommendations issued in referred cases.
Put Judge Kelly's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Kelly actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Kelly's own signed orders and cites them.