Zachary Joseph Hawthorn

United States District Court for the Eastern District of Texas magistrate 25 signed orders read

How Judge Hawthorn decides

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

What persuades

In employment-discrimination summary-judgment analysis he applies the Fifth Circuit's 'nearly identical circumstances' comparator test rigorously, requiring a plaintiff to show a proffered comparator had a comparable disciplinary history rather than treating any co-worker as similarly situated.

“a proper comparator must have a comparable number of disciplinary violations or infractions”

Procedural preferences

On prisoner habeas petitions he frequently resolves the case on the threshold requirement of administrative exhaustion, recommending summary judgment for the respondent where the petitioner has not exhausted available remedies.

“summary judgment should be granted because petitioner failed to exhaust his administrative remedies”

Cautions

His dispositive-motion recommendations are routinely adopted by the district's Article III judges, including over a losing party's objections on de novo review -- in the sampled record both a defendant's summary-judgment grant and a defendant's motion to dismiss were adopted after the opposing party objected.

“The Court has conducted a de novo review of Judge Hawthorn's Report and Recommendation and has carefully considered Green's objections. The Court finds that Judge Hawthorn's findings and conclusions of law are correct and that Green's objections are without merit.”

Signed rulings

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

Green v. Tri-Con, Inc.
1:21-cv-00481-MJT-ZJH · 2024-01-09
Summary judgment (defendant) Granted

“Judge Hawthorn's Report and Recommendation Granting Defendant Tri-Con. Inc.'s Motion for Summary Judgment [Dkt. 65] is ADOPTED. Accordingly, Plaintiff Bruce Green's claims against Tri-Con are DISMISSED WITH PREJUDICE.”

Bobroff v. Warden, FPC Beaumont
1:20-cv-00445-MAC-ZJH · 2021-05-12
Summary judgment (respondent) Granted

“The magistrate judge recommends granting respondent's motion for summary judgment and dismissing the petition without prejudice. ... the report and recommendation of the magistrate judge (#13) is ADOPTED. Respondent's motion for summary judgment (#9) is GRANTED.”

Nettles v. Warden, FCI Beaumont Camp
1:22-cv-00186-MAC-ZJH · 2022-11-17
Summary judgment (respondent) Granted

“The Magistrate Judge recommends the motion be granted and the petition dismissed pursuant to Federal Rule of Civil Procedure 56. ... the report of the magistrate judge (#6) is ADOPTED. The motion for summary judgment (#5) is GRANTED.”

Watson v. Daniel
1:20-cv-00093-MAC-ZJH · 2022-06-08
Summary judgment (defendant) Granted

“The defendant has filed a motion for summary judgment. The magistrate judge has submitted a Report and Recommendation ... recommending the motion be granted. ... the report of the magistrate judge (#22) is ADOPTED. The motion for summary judgment (#20) is GRANTED.”

Williams v. Warden, USP Beaumont
1:21-cv-00495-MJT-ZJH · 2022-12-20
Summary judgment (respondent) Granted

“The magistrate judge recommends granting Respondent's motion for summary judgment and denying the petition. ... the report and recommendation of the magistrate judge [Dkt. 9] is ADOPTED. Respondent's motion for summary judgment [Dkt. 8] is GRANTED.”

Gonzales v. Baugh
9:22-cv-00082-MAC-ZJH · 2023-02-06
Motions to dismiss (defendant) Denied

“the magistrate judge entered a Report and Recommendation in which he recommended denying Defendants' Motion to Dismiss. ... the Report and Recommendation of the United States Magistrate Judge (#18) is ADOPTED. Defendants' Motion to Dismiss (#15) is DENIED.”

Nichols v. Director, TDCJ-CID
1:14-cv-00367-MAC-ZJH · 2016-03-21
Motions to dismiss (respondent) Granted

“The magistrate judge recommends the respondent's motion to dismiss be granted. ... the findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is ADOPTED.”

Certificate of appealability (petitioner) Denied

“the petitioner has failed to make a sufficient showing to merit the issuance of a certificate of appealability. Therefore, a certificate of appealability shall not be issued.”

Gutierrez v. Management and Training Corporation
9:16-cv-00114-ZJH · 2017-05-24
Motions to dismiss (defendant) Denied

“The Magistrate Judge recommends defendants' 12(b)(6) Motion to Dismiss be denied. ... petitioner's objections are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge is ADOPTED.”

United States v. Mamoth
1:19-cr-00146-MAC-ZJH · 2021-01-05
Motions to dismiss (defendant) Denied

“Judge Hawthorn issued his Report and Recommendation on the Defendant's Motion to Dismiss for Prosecutorial Misconduct and recommended that the court deny the motion. ... the Report and Recommendation is ADOPTED and Defendant's Motion to Dismiss for Prosecutorial Misconduct (Doc. No. 91) is DENIED.”

Hill v. Commissioner of the Social Security Administration
1:20-cv-00249-TH-ZJH · 2022-03-11
Social security appeal (plaintiff) Granted

“the Report of the United States Magistrate Judge is ADOPTED. A Final Judgment will be entered separately, remanding this action to the Commissioner for further administrative proceedings.”

Pete v. United States
1:25-cv-00434-MJT-ZJH · 2026-02-04

A pro se plaintiff sued the United States and numerous cabinet officials. Hawthorn's R&R granted leave to proceed in forma pauperis and recommended sua sponte dismissal for lack of standing. District Judge Truncale overruled the plaintiff's objections and adopted the R&R. Grounding quote: 'a Report and Recommendation [Dkt. 6], which granted pro se Plaintiff David R. Pete's ('Pete') Motion for Leave to Proceed in forma pauperis [Dkt. 2], and recommended dismissal of this case for lack of standing. ... Judge Hawthorn's Report and Recommendation [Dkt. 6] is ADOPTED and that Pete's Objection [Dkt. 7] is OVERRULED.'

Hardin v. LeBlanc Unit Medical Dept.
1:19-cv-00399-TH-ZJH · 2021-01-04

In a pro se prisoner civil-rights suit, Hawthorn's R&R recommended sua sponte dismissal for failure to state a claim during in forma pauperis screening. District Judge Heartfield adopted the recommendation without objections. Grounding quote: 'The Magistrate Judge recommends that the lawsuit be dismissed for failure to state a claim upon which relief may be granted. ... the report of the Magistrate Judge is ADOPTED as the opinion of the Court.'

Caseload & timing

From public federal docket records for this judge.

His assigned / consent docket of record is dominated by Social Security disability appeals (the largest single category), alongside a range of civil cases handled by consent under 28 U.S.C. 636(c) -- first-party insurance, mortgage, commercial-contract, product-liability, Federal Tort Claims Act, construction, and prisoner civil-rights matters -- plus the Beaumont Division's criminal-duty work (magistrate criminal and grand-jury matters) not reflected in the civil duration cohort. Filed-to-terminated durations on the 11-case terminated civil cohort (filed 2023-2024) ran 154-653 days (median 328); the Social Security subset (N=7) ran shorter (median 198 days), while contested civil matters ran longer (e.g. the Gilbert v. Liberty County 1983 case, 653 days).

Put Judge Hawthorn's record to work

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

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