Kimberly C. Priest Johnson
How Judge Johnson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A curable, fact-level pleading defect earns leave to amend even after a pro se plaintiff fails to respond at all; an incurable/frivolous theory does not. To persuade, replead the missing factual element, not the rejected theory.
“the Court, in the interest of justice, recommends that Plaintiff be given leave to amend her claims against Experian.”
Leave to amend denied where the defect is jurisdictional/frivolous and uncurable.
“Plaintiff’s claims based on sovereign citizen theories are both meritless and frivolous, and amendment would be futile.”
Procedural preferences
Addresses Rule 12(b)(1) jurisdiction before any 12(b)(6) merits analysis and dismisses sua sponte for lack of subject-matter jurisdiction.
“sua sponte dismissal is mandatory when a court discovers that it lacks subject-matter jurisdiction”
Finds federal-question jurisdiction on her own and denies remand even when both sides argue only diversity.
“The parties are correct that the Amended Petition (Dkt. 6) destroys diversity jurisdiction. But they both appear to ignore the presence of federal question jurisdiction.”
Denies premature dispositive motions without prejudice rather than on the merits; refile after discovery.
“Plaintiff has filed his motion for summary judgment prematurely. No discovery has been made to properly consider Plaintiff’s claims”
Cautions
Sovereign-citizen / International Bill of Exchange / Moroccan-treaty theories are treated as facially frivolous.
“so far as Plaintiff pleads that the Moroccan-American Treaty of Peace (or any other treaty) exempts him from federal and state laws ... this argument is meritless.”
Lack of consent to a 636 referral is not grounds for recusal; she will decline to recuse on that basis.
“the undersigned finds it is not appropriate to recuse herself from this matter”
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 = 3 |
Granted: 2Denied: 1 | counts only |
| Habeas petition N = 2 |
Granted: 1Moot / procedural: 1 | counts only |
| Writ of mandamus N = 1 |
Moot / procedural: 1 | counts only |
| Motions to remand N = 1 |
Denied: 1 | counts only |
| Summary judgment N = 1 |
Moot / procedural: 1 | counts only |
| Motion to recuse N = 1 |
Denied: 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.
“Movant Alejandro Ruiz-Rojas’ Motion to Vacate, Set Aside or Correct a Sentence pursuant to 28 U.S.C. § 2255 is GRANTED, that the sentence imposed in Criminal Number 4:17CR00143-001 is VACATED, and that Movant shall be resentenced.”
Plaintiff’s case should be dismissed without prejudice for want of prosecution and failure to obey an Order ... Plaintiff’s complaint is DISMISSED without prejudice.
Plaintiff’s lawsuit should be dismissed without prejudice for want of prosecution ... Plaintiff’s complaint is DISMISSED without prejudice.
“Petitioner’s “Motion to Order State to Provide State Court Record to Petitioner,” (Dkt. #35), construed as a writ of mandamus, is DISMISSED for lack of jurisdiction.”
“It is therefore ORDERED the petitions for writ of habeas corpus are DISMISSED without prejudice.”
“the Court recommends that the Motion to Dismiss (Dkt. 9) be DENIED, and the Amended Petition (Dkt. 6) be deemed the live pleading in this matter.”
“The Court further recommends that the Motion to Remand (Dkt. 7) be DENIED.”
“the Court recommends the Motion to Dismiss (Dkt. 6) be GRANTED to the extent Mr. Cooper asserts the Court lacks subject-matter jurisdiction, and Plaintiff’s claims be DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction.”
“the undersigned finds it is not appropriate to recuse herself from this matter and turns to whether the Court has subject matter jurisdiction.”
“Based on the foregoing, the Court recommends Plaintiff’s motion for summary judgment (Dkt. #25) be summarily DENIED without prejudice as premature.”
“For the foregoing reasons, the Court recommends the Motion to Dismiss (Dkt. 24) be GRANTED, and Plaintiff’s claims be DISMISSED WITHOUT PREJUDICE.”