Julie K. Hampton
How Judge Hampton rules, drawn from 11 signed orders. Every observation links to the order it came from.
How Judge Hampton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Enforces the AEDPA one-year habeas limitations bar strictly: a petition filed long after the conviction became final is untimely absent diligence and equitable tolling, and a 'void conviction / jurisdictional' theory does not toll the clock.
“Respondent's motion for summary judgment (D.E. 16) is GRANTED and this action is DISMISSED as untimely.”
Procedural preferences
Screens prisoner civil filings rigorously under the PLRA, recommending dismissal with prejudice of frivolous claims while preserving genuine conviction challenges for a properly exhausted habeas petition rather than the civil suit.
“pursuant to the screening requirement of the Prison Litigation Reform Act, Plaintiff's claims against Defendants be dismissed with prejudice for being frivolous and/or for failing to state a claim for relief.”
Cautions
On a personal-jurisdiction challenge she has recommended denying a Rule 12(b)(2) motion to dismiss, letting the case proceed; and on fees she applies the EAJA in favor of a prevailing claimant. Her recommendations have been adopted even over objections.
“Defendant Uflex USA, Inc.'s Motion to Dismiss (D.E. 3) is DENIED.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Respondent's motion for summary judgment (D.E. 16) is GRANTED and this action is DISMISSED as untimely.”
“In the event that Petitioner seeks a certificate of appealability, that request is DENIED.”
“recommending that the Court deny Defendant Uflex USA, Inc.'s motion to dismiss for lack of personal jurisdiction. ... Defendant Uflex USA, Inc.'s Motion to Dismiss (D.E. 3) is DENIED.”
“the application for EAJA fees (D.E. 19) is GRANTED and Bustos's attorney of record is hereby awarded the sum of $9,563 in attorney's fees pursuant to the EAJA.”
In a Prison Litigation Reform Act screening disposition rather than a ruling on a party's dispositive motion, Hampton's M&R recommended dismissing the prisoner-plaintiff's claims with prejudice as frivolous or for failure to state a claim in a suit against the United States, the President, Congress, Pelosi, Texas, and Governor Abbott. She recommended dismissing any conviction-challenge claims without prejudice to a future exhausted habeas petition. District Judge Drew B. Tipton adopted the M&R over the plaintiff's six objections after de novo review, and also denied leave to proceed in forma pauperis.
Hampton recommended dismissal without prejudice under Rule 41(b) after the pro se plaintiff failed to prosecute. District Judge Nelva Gonzales Ramos adopted the unobjected-to recommendation.
Hampton recommended dismissal without prejudice under Rule 41(b) after the pro se plaintiff failed to prosecute. District Judge Nelva Gonzales Ramos adopted the unobjected-to recommendation.
Hampton transferred a prisoner civil-rights action from the Victoria Division to the Corpus Christi Division because the events, defendants, and plaintiff's place of confinement were in Bee County.
After a show-cause hearing, Hampton revoked the defendant's pretrial release and ordered detention. She found clear and convincing evidence of a release-condition violation and found the defendant unlikely to comply with any condition or combination of conditions.
“For the foregoing reasons, the undersigned respectfully recommends that Plaintiff’s Third Motion to Reopen Case (D.E. 45) be DENIED.”
Hampton recommended dismissal without prejudice under Rule 41(b) for failure to prosecute. District Judge Nelva Gonzales Ramos adopted the unobjected-to recommendation.
“GRANTS Defendant's motion to compel arbitration except as to Plaintiffs Sarbanes-Oxley claim,”
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