Alistair E. Newbern
How Judge Newbern decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On Rule 41(b) failure-to-prosecute, applies the Sixth Circuit's four-factor Knoll/Schafer test (willfulness/fault, prejudice, prior notice, lesser sanctions) and recommends dismissal WITHOUT prejudice -- a 'comparatively lenient' sanction whose standard is 'greatly relaxed' -- rather than with-prejudice dismissal, especially for pro se plaintiffs.
“Because dismissal without prejudice is a relatively lenient sanction ... the ‘controlling standards should be greatly relaxed’ for Rule 41(b) dismissals without prejudice where ‘the dismissed party is ultimately not irrevocably deprived of his [or her] day in court.’”
Declines to find Rule 41(b) prejudice merely because a defendant answered and moved for summary judgment -- those are 'typical steps in the early stages of litigation', not effort necessitated by the plaintiff's delay.
“Those steps are typical of the early stages of litigation and were not necessitated by Hudson’s delay. ... There is thus no indication that the CoreCivic Defendants wasted substantial time, money, or effort due to a lack of cooperation from Hudson.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Motions to dismiss N = 2 |
Granted: 1Denied: 1 | counts only |
| Summary judgment N = 1 |
Moot / procedural: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Magistrate Judge will recommend that the Court dismiss Hudson’s remaining claims without prejudice under Rule 41(b) and find moot the CoreCivic Defendants’ motion for summary judgment.”
RECOMMENDATION (non-motion sua sponte). Recommends Rule 41(b) dismissal WITHOUT PREJUDICE of a pro se IFP SS-appeal plaintiff who filed a blank complaint and never amended. Quote: 'the Magistrate Judge RECOMMENDS that this lawsuit be DISMISSED WITHOUT PREJUDICE under Federal Rule 41(b).' Excluded from motion stats.
“a Report and Recommendation from Magistrate Judge Alistair Newbern (Doc. No. 202) recommending the Court deny the Motion to Dismiss filed by Defendants Zachary Knowles, Lyndi Knowles, and ZK Ranches”
“the Magistrate Judge recommends that the United States Department of Education’s (“DOE”) motion to dismiss for lack of jurisdiction (Doc. No. 25) be granted, and that this action be dismissed without prejudice for lack of subject-matter jurisdiction under Rule 12(b)(1).”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 182 days (N = 1).
Two roles. (1) JUDGE OF RECORD by consent on Social Security appeals (42:405(g)) -- e.g. Bowman, Santiago, Simmons, Thurman, Graham, all 2024-filed -- where she signs IFP orders, scheduling orders, and the final judgment (frequently a sentence-four reversal/remand on the Commissioner's unopposed motion). (2) Criminal-duty magistrate (search & seizure warrants, mj complaints). (3) REFERRAL magistrate writing R&Rs on the district judges' civil dockets (Crenshaw/Richardson/Campbell), heavy on pro se sec.1983 prisoner cases (CoreCivic/TTCC) and IFP screening. NOT a grant rate -- role/composition only.