Brian McKay
How Judge McKay decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He recommends default judgment, including statutory damages and injunctive relief, where a defendant fails to appear or defend.
“the undersigned RECOMMENDS that GS's motion for default judgment (Dkt. No. 19.) be GRANTED, and DEFAULT JUDGMENT be ENTERED in favor of GS against MZB and Bawa. The undersigned FURTHER RECOMMENDS the Court AWARD GS $37,500 in statutory damages and $402 in costs, GRANT GS's request for injunctive relief and GRANT GS's request of destruction of infringing products.”
Procedural preferences
On a motion to dismiss he recommends dismissal but affords a self-represented plaintiff a defined window to amend, with dismissal with prejudice only if no amended complaint is filed.
“the undersigned RECOMMENDS that IISD's Motion to Dismiss be GRANTED, that Davis be given an opportunity to file an amended complaint within 21 days of the District Judge's acceptance of these findings ... and that Davis's claims be dismissed with prejudice if he fails to file an amended complaint within the time allowed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the undersigned RECOMMENDS that GS's motion for default judgment (Dkt. No. 19.) be GRANTED, and DEFAULT JUDGMENT be ENTERED in favor of GS against MZB and Bawa. The undersigned FURTHER RECOMMENDS the Court AWARD GS $37,500 in statutory damages and $402 in costs, GRANT GS's request for injunctive relief and GRANT GS's request of destruction of infringing products.”
“The Court should DISMISS Pate's claims challenging his underlying conviction in the Petition for Writ of Habeas Corpus Under 28 U.S.C. 2241 ... without prejudice for lack of jurisdiction. The Court should DISMISS Pate's claim regarding the deprivation of his FSA benefits without prejudice for failure to exhaust available remedies.”
“Ocwen's Motion for Attorneys' Fees and Costs (Dkt. No. 43) should be GRANTED, and the Court should award Ocwen $21,748.00 in attorney and paralegal fees and $402.00 in court costs, for a total of $22,150.00.”
“the undersigned RECOMMENDS that IISD's Motion to Dismiss be GRANTED, that Davis be given an opportunity to file an amended complaint within 21 days of the District Judge's acceptance of these findings ... and that Davis's claims be dismissed with prejudice if he fails to file an amended complaint within the time allowed.”
McKay authored this FCR as the referred magistrate on Judge Jane Boyle's docket in a pro se prisoner case automatically referred under Special Order 3-251 and transferred to him under Special Order 3-354 on August 23, 2024. The district judge adopted the recommendation on October 16, 2024 and dismissed the case through a sua sponte Rule 41(b) disposition. Verbatim disposition: "Based on the relevant filings and applicable law, the Court should DISMISS this civil rights action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute or follow orders of the Court."
McKay authored this FCR as the referred magistrate on Judge Ed Kinkeade's docket in a pro se prisoner civil-rights case transferred under Special Order 3-354. The district judge adopted the recommendation on October 27, 2025 and entered judgment dismissing the case without prejudice under the PLRA three-strikes rule, 28 U.S.C. 1915(g). Verbatim disposition: "Based on the relevant filings and applicable law, the Court should summarily DISMISS this action without prejudice as barred by the "three-strikes" rule of 28 U.S.C. § 1915(g) unless Turner timely pays the full filing fee."
McKay authored this FCR as the referred magistrate on Judge Ed Kinkeade's docket in a pro se prisoner civil-rights case automatically referred under Special Order 3-251. The district judge adopted the recommendation on June 16, 2025. Verbatim disposition: "This action should be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute and follow court orders."
McKay authored this FCR as the referred magistrate on Judge Brantley Starr's docket in a pro se prisoner civil-rights case transferred under Special Order 3-354. The district judge adopted the recommendation on January 8, 2026. Verbatim disposition: "If Plaintiff fails to come into compliance within the 14-day period during which Plaintiff may make objections to this recommendation, the undersigned recommends that this action be DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute and follow orders of the court."
“As explained below, Abor has not established federal subject matter jurisdiction, so the Court should sua sponte dismiss this case without prejudice, and Judge Russell's Motion to Dismiss (Dkt. No. 8) should be denied as moot.”
“Construing her letter as a motion for temporary restraining order (‘TRO’) under Federal Rule of Civil Procedure 65, the undersigned recommends that it be DENIED.”
“The undersigned recommends that Plaintiff's motion to reconsider the denial of her motion for protective order (Dkt. No. 26) be DENIED.”
McKay authored this FCR as the referred magistrate on Judge Brantley Starr's docket after an automatic referral under Special Order 3-251. He recommended sua sponte dismissal for lack of subject-matter jurisdiction and failure to timely serve under Rule 4(m). The docket also records McKay as the signer of the October 6, 2025 order accepting the findings, conclusions, and recommendation. Verbatim disposition: "This action should be DISMISSED without prejudice for lack of subject matter jurisdiction and pursuant to Rule 4(m)."
“RECOMMENDS that the District Judge GRANT Defendant RISD's 12(b)(6) motion (Dkt. No. 28), DISMISS Williams's claims with prejudice, and DENY Plaintiff Williams's motion for leave to file a second amended complaint, (Dkt. No. 39).”
“DENY Plaintiff Williams's motion for leave to file a second amended complaint, (Dkt. No. 39).”
Caseload & timing
From public federal docket records for this judge.
The sampled cases provide a limited view of McKay's caseload. Criminal-duty matters often close within days, while the sampled Social Security appeals were filed in late 2025 or 2026 and remain pending.
Put Judge McKay's record to work
Ezel drafts and answers grounded in this exact profile: how Judge McKay actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge McKay's own signed orders and cites them.