Jacquelyn Denise Austin
How Judge Austin rules, drawn from 4 signed orders. Every observation links to the order it came from.
How Judge Austin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Austin strictly construes removal jurisdiction and reads the Fourth Circuit's fraudulent-joinder standard (the removing party's heavy burden) generously toward the plaintiff: she granted remand after finding a non-diverse defendant properly joined, defeating complete diversity.
“Plaintiffs' motion to remand [Doc. 13] is GRANTED and the matter is REMANDED to the Spartanburg County Court of Common Pleas.”
Procedural preferences
She enforces Rule 41(b) prosecution requirements, adopting a magistrate's recommendation to dismiss with prejudice for failure to prosecute where a plaintiff's mail was repeatedly returned undeliverable.
“The motion to dismiss for lack of prosecution by Defendants Maj. Steven Anderson, Cpt. Wells, CO Mark McKinney, and CO Tristan Lewis Doc. 44 and the motion by Defendant Steve Outz to join in the other Defendants' motion to dismiss Doc. 47 are both GRANTED and the action is DISMISSED with prejudice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiffs' motion to remand [Doc. 13] is GRANTED and the matter is REMANDED to the Spartanburg County Court of Common Pleas.”
“The motion to dismiss for lack of prosecution by Defendants Maj. Steven Anderson, Cpt. Wells, CO Mark McKinney, and CO Tristan Lewis Doc. 44 and the motion by Defendant Steve Outz to join in the other Defendants' motion to dismiss Doc. 47 are both GRANTED and the action is DISMISSED with prejudice.”
“this action is DISMISSED with prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. As a result, Respondent's motion for summary judgment [Doc. 23] is FOUND AS MOOT.”
Pro se prisoner 1983 civil-rights complaint. Austin accepted MJ Kevin McDonald's R&R (entry 13, 2024-12-03) and summarily dismissed the action with prejudice at 28 U.S.C. 1915/1915A screening, without issuance and service of process. Because there was no party motion, it is excluded from the motion counts but recorded among her rulings.
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