Henry M. Herlong Jr.
How Judge Herlong rules, drawn from 19 signed orders. Every observation links to the order it came from.
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.
“After review, the court grants CFS's motion for summary judgment.”
“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.”
“After review and for the reasons stated below, the court adopts the Report and Recommendation and grants the Defendants' motion for summary judgment.”
“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.”
“ORDERED that Federal's motion for summary judgment, docket number 13, is denied.”
“ORDERED that MNA's motion for summary judgment, docket number 16, is granted.”
“ORDERED that Mazda motion for judgment on the pleadings, docket number 22, is granted in part and denied in part.”
“OPINION AND ORDER granting [17] Motion to Remand to State Court.”
“ORDERED that Respondent's motion for summary judgment, docket number 11, is granted and Witherspoon's § 2254 petition, docket number 1, is denied.”
“ORDERED that Respondent's motion for summary judgment, docket number 12, is granted, and the habeas petition, docket number 1, is 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.”
“ORDERED that the United States' Motion for Default Judgment is GRANTED.”
“ORDERED that Liberty Mutual is temporarily enjoined from distributing any insurance proceeds to the Borrower in this matter.”
“ORDERED that Vann's motion to alter or amend, docket number 30, is denied.”
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