Ignacio Torteya III
How Judge III decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Premises-liability defendants win on constructive knowledge when the plaintiff offers no temporal evidence -- how long the hazard existed. A theory that a puddle 'may have' formed is not enough.
“An allegation implying that a puddle may have formed under a cold bottle of water is not enough to impute constructive knowledge.”
Procedural preferences
Expects employment-discrimination plaintiffs to have exhausted administrative remedies and to back claims with record evidence; conclusory assertions without supporting evidence will not reach a jury.
“The Court finds that Guzman has produced no evidence that he has exhausted his administrative remedies with respect to his retaliation claim. Without supporting evidence, he cannot proceed to a trier of fact.”
On a motion to remand he looks to the face of the state-court petition for amount-in-controversy; a plaintiff who pleads above an expedited-action monetary limit and does not bindingly stipulate to less keeps the case in federal court.
“it is facially apparent from Plaintiff's Original Petition that his claims are likely to exceed $75,000”
Cautions
In Section 1983 suits, municipal and official-capacity liability collapses without an underlying constitutional violation by the individual officer -- he dismisses derivative Monell/official-capacity claims once the predicate claim fails.
“We have stated time and again that '[w]ithout an underlying constitutional violation, an essential element of municipal liability is missing.'”
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: 3 | counts only |
| Summary judgment N = 2 |
Granted: 2 | counts only |
| Motions to remand 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.
“it is recommended that the Court: (1) GRANT Defendant's Motion; and (2) DIRECT the Clerk of Court to CLOSE this case.”
“it is recommended that the Court: (1) GRANT Defendants' Motions (Dkt. Nos. 80, 84); (2) DISMISS WITH PREJUDICE Plaintiff's claims against the defendants”
“it is recommended that the Court GRANT Defendants' Motion. Dkt. No. 82. Additionally, for the reasons provided above it is recommended that the Court DISMISS all claims against Detective Rodriguez and DIRECT the Clerk of Court to CLOSE this case.”
“it is recommended that the Court: (1) GRANT Defendants' Motion to Dismiss [Dkt. No. 19]; and (2) DIRECT the Clerk of Court to CLOSE this case.”
“For the reasons above, it is recommended that Defendant's Motion be GRANTED.”
“Plaintiff's Motion lacks merit and should be denied.”
His own R&R on a 28 U.S.C. 2254 state-habeas petition (aggravated sexual assault of a child conviction). Respondent's motion for summary judgment recommended GRANTED, petition recommended DISMISSED WITH PREJUDICE, and COA declined. EXCLUDED from contested stats: in 2254/2255 review the respondent's 'motion for summary judgment' is the procedural vehicle for adjudicating the petition, not a contested adversarial dispositive motion; counting it would inflate the MSJ grant rate. Grounding quote: 'it is recommended that the Court: (1) GRANT Respondent's Motion; (2) DISMISS WITH PREJUDICE Alexander's Petition; (3) DIRECT the Clerk of Court to close this case; and (4) DECLINE to issue a certificate of appealability.' Signed 'Ignacio Torteya, III.'
His own R&R on a 28 U.S.C. 2255 motion to vacate (federal methamphetamine conviction). The United States' motion for summary judgment recommended GRANTED, all 2255 claims dismissed, COA declined. EXCLUDED from contested stats (post-conviction review vehicle, same convention as Alexander). Grounding quote: 'it is recommended that the Court: (1) GRANT the Respondent's Motion for Summary Judgment; (2) DISMISS all of the claims contained in Sayas's 2255 Motion and supporting supplements; (3) DECLINE to issue a certificate of appealability; and (4) DIRECT the Clerk of Court to close this case.' Signed 'Ignacio Torteya, III.'
Caseload & timing
From public federal docket records for this judge.
Not enumerable for a referral magistrate (see coverage.note). No population caseload/nature-of-suit mix computed.