Henry M. Herlong Jr.

United States District Court for the District of South Carolina district Appointed by George H. W. Bush (Republican) 19 signed orders read

How Judge Herlong decides

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

Procedural preferences

Requires specific objections to a magistrate judge's recommendation to trigger de novo review; otherwise reviews the recommendation for clear error.

“To trigger de novo review, an objecting party "must object to the finding or recommendation on that issue with sufficient specificity so as reasonably to alert the district court of the true ground for the objection."”

Cautions

In Section 1983 screening, treats private attorneys as outside state action and recognizes absolute immunity for a guardian ad litem acting in that role.

“An attorney, whether retained, court-appointed, or a public defender, does not act under color of state law, which is a jurisdictional prerequisite for any civil action brought under 42 U.S.C. § 1983.”

Signed rulings

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

Equal Employment Opportunity Commission v. Cromer Food Services, Inc.
· 2010-02-26
Summary judgment (defendant) Granted

“After review, the court grants CFS's motion for summary judgment.”

Sauls v. Wyeth Pharmaceuticals, Inc.
· 2012-03-07
Summary judgment (defendant) Granted

“However, because Sauls is unable to demonstrate that Defendants' failure to warn was the proximate cause of her injuries, the court grants summary judgment in favor of Defendants.”

Palomino v. Concord Hospitality Enterprises Co.
· 2015-08-27
Summary judgment (defendant) Granted

“After review and for the reasons stated below, the court adopts the Report and Recommendation and grants the Defendants' motion for summary judgment.”

Upstate Forever v. Kinder Morgan Energy Partners, L.P.
· 2017-04-20
Motions to dismiss (defendant) Granted

“The Defendants have moved to dismiss for failure to state a claim for relief pursuant to Rule 12(b)(6) and for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) ... After review, the court grants the Defendants' motion to dismiss.”

Michelin North America, Inc. v. Federal Insurance Company
6:17-cv-01599-HMH · 2017-11-07
Summary judgment (defendant) Denied

“ORDERED that Federal's motion for summary judgment, docket number 13, is denied.”

Summary judgment (plaintiff) Granted

“ORDERED that MNA's motion for summary judgment, docket number 16, is granted.”

McKinney Dodge Chrysler Jeep, Inc. d/b/a McKinney Mazda v. Mazda Motor of America, Inc.
8:22-cv-00496-HMH · 2022-08-03
Judgment on the pleadings (defendant) Granted in part

“ORDERED that Mazda motion for judgment on the pleadings, docket number 22, is granted in part and denied in part.”

Galloway v. Bank of America Corporation
6:23-cv-04773-HMH · 2023-10-23
Motions to remand (plaintiff) Granted

“OPINION AND ORDER granting [17] Motion to Remand to State Court.”

Witherspoon v. Stonebreaker
8:19-336-HMH-JDA · 2019-08-12
Summary judgment (defendant) Granted

“ORDERED that Respondent's motion for summary judgment, docket number 11, is granted and Witherspoon's § 2254 petition, docket number 1, is denied.”

Habeas petition (plaintiff) Denied
Alexander v. Cartledge
6:16-600-HMH-KFM · 2017-02-01
Summary judgment (defendant) Granted

“ORDERED that Respondent's motion for summary judgment, docket number 12, is granted, and the habeas petition, docket number 1, is denied.”

Habeas petition (plaintiff) Denied
Default judgment (plaintiff) Denied

“ORDERED that Petitioner's motion for default judgment, docket number 15, is denied, and Petitioner's motion for summary judgment, docket number 16, is denied.”

United States v. Holiday Auto & Marine
8:15-1531-HMH · 2016-01-19
Default judgment (plaintiff) Granted

“ORDERED that the United States' Motion for Default Judgment is GRANTED.”

IX ST Portfolio 28, L.P. v. Shag Development Corp., Inc.
8:13-467-HMH · 2013-02-22
Preliminary injunction (plaintiff) Granted

“ORDERED that Liberty Mutual is temporarily enjoined from distributing any insurance proceeds to the Borrower in this matter.”

Vann v. United States of America
1:17-1149-HMH-SVH · 2017-11-30
Motion for reconsideration (plaintiff) Denied

“ORDERED that Vann's motion to alter or amend, docket number 30, is denied.”

Put Judge Herlong's record to work

Ezel drafts and answers grounded in this exact profile: how Judge Herlong actually rules, not a generic AI guess.

Opens in Ezel Pro. Every answer is grounded in Judge Herlong's own signed orders and cites them.