Amanda R. Burch
How Judge Burch decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Qualified immunity: she analyzes the two prongs separately and will recommend dismissal on the 'clearly established' prong even where the plaintiff has plausibly pleaded a constitutional violation. For prisoner excessive-force-by-handcuffing claims she reads Fifth Circuit precedent narrowly -- brief tight handcuffing during transport of a verbally-resistant inmate is not 'beyond debate' unconstitutional.
“even accepting that Denelsbeck has stated a claim and assuming Delacruz had impure motive, existing precedent does not support the finding that Delacruz's actions were objectively unreasonable. ... Delacruz is entitled to qualified immunity, and Denelsbeck's remaining claim should be dismissed.”
Sovereign immunity / capacity analysis: she carefully splits a sec.1983 claim by capacity and relief -- official-capacity claims for money damages and retrospective declaratory relief are barred (12(b)(1), without prejudice), while prospective injunctive relief survives immunity but must still state a violation; individual-capacity claims require pleaded personal involvement and an identified policy.
“Barron's official-capacity claims against McLane for monetary relief and retrospective declaratory relief are barred by sovereign immunity, while his claims for prospective injunctive relief are not. Even so, Barron has not pleaded sufficient facts to state a violation of federal or constitutional law.”
Jurisdiction-first discipline with pro se plaintiffs: she confirms subject-matter jurisdiction before reaching the merits or interim relief, gives a pro se plaintiff a chance to amend / cure, and dismisses WITHOUT prejudice for jurisdictional defects or failure to prosecute -- but WITH prejudice on a fully-briefed merits/immunity loss.
“even affording Hereford's complaint a liberal construction, he has not demonstrated that the Court has subject-matter jurisdiction. The undersigned therefore recommends the district judge deny Hereford's TRO and dismiss the complaint without prejudice for lack of subject-matter jurisdiction.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
Burch's FCR addressed a pro se in forma pauperis landlord-tenant dispute over improvements allegedly made in lieu of rent. She recommended denying the in forma pauperis application and TRO motion and dismissing without prejudice for lack of subject-matter jurisdiction because the complaint pleaded only Texas law, with neither a federal question nor diversity; alternatively, she recommended dismissal without prejudice under Rule 41(b) for failure to prosecute after the plaintiff filed no amended complaint and did not register for electronic filing despite warnings. Grounding quote: 'the undersigned RECOMMENDS that the United States District Judge: (1) deny Hereford's IFP application...; (2) deny his motion for TRO...; and (3) dismiss his complaint without prejudice.' The recommendation shows her jurisdiction-first discipline: a court must confirm subject-matter jurisdiction before reaching a TRO.
“the undersigned recommends that the United States District Judge (1) GRANT-in-part McLane's Rule 12(b)(1) motion and dismiss without prejudice Barron's official-capacity claims against McLane for money damages and retrospective declaratory relief; and (2) GRANT McLane's Rule 12(b)(6) motion and dismiss with prejudice Barron's claims against McLane in her official capacity for injunctive relief and those against McLane in her individual capacity.”
“the undersigned recommends that the United States District Judge GRANT Delacruz's motion to dismiss and DISMISS Denelsbeck's claim for excessive force with prejudice.”
“United States Magistrate Judge Amanda R. Burch made findings, conclusions and a recommendation in this case. No objections were filed. ... the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. The Commissioner's decision is AFFIRMED. Accordingly, the Court hereby ORDERS that the case is DISMISSED with prejudice.”
“The undersigned recommends that the United States District Judge DISMISS with prejudice all Baiza's claims in accordance with 28 U.S.C. § 1915.”
“the undersigned recommends that the United States District Judge dismiss all Jaycox's claims, except those brought under the Americans with Disabilities Act and the Rehabilitation Act based on the alleged denial of single-cell housing. As to those claims, the undersigned recommends that the district judge require Defendants TDCJ and Texas Tech University to answer or otherwise plead.”
“the undersigned magistrate judge recommends that the United States District Judge GRANT Defendants' motion for summary judgment, Dkt. No. 26.”
“the undersigned recommends that the United States District Judge DENY the motion without prejudice to her right to request injunctive relief in the future should circumstances change.”
“The undersigned recommends that the United States District Judge GRANT Plaintiff's motion and dismiss this action without prejudice.”
“the undersigned magistrate judge RECOMMENDS that the United States District Judge dismiss this action without prejudice for want of prosecution under Rule 41(b) of the Federal Rules of Civil Procedure.”
“the Court overrules Johnson’s objections to Judge Burch’s FCR and expressly accepts and adopts her findings, conclusions, and recommendation.”
Adopting the magistrate judge's recommendation and overruling the pro se plaintiff's objections, the district court found the complaint asserted no federal question and no complete diversity, denied leave to proceed in forma pauperis, and dismissed the action without prejudice for lack of subject-matter jurisdiction.
Put Judge Burch's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Burch actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Burch's own signed orders and cites them.