Hilda G. Tagle

United States District Court for the Southern District of Texas district Appointed by Bill Clinton (Democratic) 4 signed orders read

How Judge Tagle decides

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

What persuades

On habeas review Tagle gives strong AEDPA deference to state-court factual findings, including implicit credibility determinations; a petitioner must rebut them with clear and convincing evidence, and reweighing the facts before the state court is not the federal court's role.

“In order to overcome the presumption in favor of the state court's factual findings, Musich carries the burden of rebutting this account with clear and convincing evidence, which he has not done.”

Procedural preferences

Tagle works through a magistrate-judge referral model and adopts well-reasoned M&Rs; she reviews objected-to portions de novo but declines de novo review of objections that are 'frivolous, conclusive or general in nature.'

“if the objections are frivolous, conclusive or general in nature the court need not conduct a de novo review.”

Cautions

In removed diversity cases Tagle scrutinizes post-removal amendments that would add a non-diverse defendant under the Hensgens factors; an amendment filed without leave, after the plaintiff knew the defendant's identity, and timed to support a remand motion is treated as dilatory and aimed at defeating jurisdiction, and is struck.

“the Court finds that the purpose of Lewis Mechanical's first amended petition is to defeat jurisdiction.”

For prisoner litigants the PLRA three-strikes bar (28 U.S.C. 1915(g)) is enforced; the 'imminent danger' exception requires a real and proximate threat, not a speculative risk of future harm.

“in order to meet the imminent danger requirement of 1915(g), the threat must be 'real and proximate.'”

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: 2Moot / procedural: 1 counts only
Summary judgment
N = 2
Granted: 2 counts only
Motions to remand
N = 1
Denied: 1 counts only
Motions to strike
N = 1
Granted: 1 counts only
Motion for leave
N = 1
Denied: 1 counts only
Default judgment
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.

Acosta v. Davis
2:19-cv-00008 · 2020-01-13
Summary judgment (respondent (State / TDCJ Director)) Granted

“the Court ADOPTS the M&R in its entirety, Dkt. No 37. The Court OVERRULES Plaintiff's objections, Dkt. No. 42. The Court DISMISSES WITH PREJUDICE Plaintiff's claims.”

Musich v. Davis
2:18-cv-00258 · 2020-03-09
Summary judgment (respondent (State / TDCJ Director)) Granted

“GRANTS Respondent's motion for summary judgment, Dkt. No. 15”

Garrett v. Davis
2:16-cv-00308 · 2017-07-24
Motions to dismiss (defendant) Granted

“ADOPTS the M&R addressing Defendants' motion to dismiss, Dkt. No. 11, and GRANTS Defendants' Motion to Dismiss, Dkt. No. 8;”

Default judgment (plaintiff (pro se prisoner)) Denied

“ADOPTS the M&R addressing Garrett's motion for judgment, Dkt. No. 19, and DENIES Garrett's Motion for Judgment, Dkt. No. 12.”

Lewis Mechanical Sales, Inc. v. Union Standard Insurance Group, LLC
2:16-cv-00496 · 2017-04-07
Motions to remand (plaintiff) Denied

“Lewis Mechanical's Motion to Remand, Dkt. No. 7, is DENIED.”

Motions to dismiss (defendant) Granted

“GRANTS Union Standard Insurance Group, LLC's Motion to Dismiss Under FRCP 12(b)(6), Dkt. No. 10;”

Motions to strike (defendant) Granted

“GRANTS Defendant Union Insurance Company's Motion to Strike Plaintiff's First Amended Petition, Dkt. No. 12;”

Motion for leave (plaintiff) Denied

“DENIES Plaintiff's Motion for Leave to File a Second Amended Petition, Dkt. No. 30;”

Motions to dismiss (defendant (non-diverse adjuster, dismissed)) Moot / procedural

“STRIKES AS MOOT: o David Girard's Motion to Dismiss under FRCP 12(b)(6), Dkt. No. 16;”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 159.5 days (N = 12).

Several cases terminated within days of filing (e.g. Teague v. Director TDCJ 5d) consistent with prisoner screening / transfer; not entry-read, so dispositions are not characterized. Reported as caseload metadata only.