David B. Fannin

How Judge Fannin rules, drawn from 35 signed orders. Every observation links to the order it came from.

Court
U.S. District Court for the Western District of Texas
Position
Magistrate judge
Commissioned
November 10, 2015
Signed orders read
35

About Judge Fannin

David B. Fannin serves as a United States magistrate judge for the Western District of Texas. Based in Alpine, he handles matters in the court’s Pecos Division.

Judge Fannin's practices and standing orders

The court's website lists no individual practices or standing orders of Judge Fannin's own (checked October 8, 2026), so the court's local rules and general orders are the place to look (court page ↗).

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 8, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Fannin decides

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

What persuades

In Hansard, Fannin recommended dismissing the individual § 1983 claims against school board defendants because the plaintiffs grouped them together without alleging each person's conduct; the district judge adopted the recommendation.

“a §1983 plaintiff who alleges mistreatment at the hands of a group [must] describe with particularity the actions taken by each of them individually.”

In Waterbridge, Fannin recommended remand because the affidavits did not establish two LLC members' Louisiana citizenship on both the filing and removal dates.

“no affidavit affirms both Stephen and Robert Morris were Louisiana citizens on August 11, 2023 and September 15, 2023.”

Procedural preferences

In Hill v. City of Monahans, he recommended denying a pro se plaintiff leave to amend after the plaintiff filed an amended complaint without leave and failed to serve it. The district judge adopted that recommendation.

“Plaintiff yet again failed to serve his Complaint, which was filed without leave of Court”

In Waterbridge Texas Operating LLC v. Petro Guardian LLC, he denied a motion to strike an affidavit because an affidavit is not a pleading subject to Rule 12(f).

“affidavits are not pleadings, and thus not subject to Rule 12(f).”

Cautions

In Nasios v. U.S. Department of Defense, he recommended dismissing the complaint on screening because the asserted right to enlist in the military was not recognized by law. The district judge adopted the dismissal recommendation and modified the disposition to dismissal with prejudice.

“He asserts a right that the law simply does not recognize: entry into the Armed Forces.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Hansard v. Zamora
4:23-cv-00041-DC-DF
Motions to dismiss (defendant) Granted in part

“Magistrate Judge Fannin recommends that the Court deny the motion in part and grant the motion in part ... Defendants' Motion to Dismiss for lack of standing be DENIED. ... Qualified Immunity from George Hansard's 1983 claim be DENIED as to Defendant Zamora ... be GRANTED as to the School Board Defendants.”

Hill v. City of Monahans
4:24-cv-00012-DC-DF
Motion for leave to amend (plaintiff) Denied

“Plaintiff's Motion for Leave to Amend [Doc. 15] is therefore DENIED.”

Motions to dismiss (defendant) Moot / procedural

“Defendants' Motion for an Order Limiting Discovery and the Motion to Dismiss [Docs. 4 and 26] are DENIED AS MOOT.”

Antoine v. Silva
4:24-cv-00030-DC-DF
Motions to dismiss (defendant) Denied

“Defendants' Joint Renewed Motion to Dismiss is DENIED (Doc. 73).”

Nasios v. U.S. Department of Defense
4:25-cv-00014-DC-DF
Motion to proceed ifp (plaintiff) Granted

“the Magistrate recommended that the Court grant Nasio's IFP motion. The Court agrees. Nasio's IFP motion is GRANTED.”

Waterbridge Texas Operating LLC v. Petro Guardian LLC
4:23-cv-00035-DC-DF
Motions to remand (plaintiff) Granted

“Petro Guardian has not met its burden to show Robert Morris was domiciled in Louisiana on August 11, 2023 and September 15, 2023. For this reason, the Court RECOMMENDS Plaintiffs' Motion to Remand be GRANTED.”

Motions to strike (plaintiff) Denied

“it is ORDERED that the Motion to Strike is DENIED ... affidavits are not pleadings, and thus not subject to Rule 12(f).”

Hemphill v. WestStar Autoplex, L.L.C.
4:20-cv-00037-DC-DF
Summary judgment (defendant) Granted

“the undersigned finds that Hemphill has not met his burden of demonstrating Weststar's proffered legitimate, non-discriminatory reason is pretextual or unworthy of credence, or that Weststar possessed mixed motives in firing Hemphill. Accordingly, the undersigned RECOMMENDS that Weststar's Motion for Summary Judgment be GRANTED as to Hemphill's claims under the Title VII of the Civil Rights Act of 1964 ... For the reasons stated above, the undersigned RECOMMENDS that Weststar's Motion for Summary Judgment be GRANTED on all claims. (Doc. 12).”

Danny Herman Trucking, Inc. v. Miranda
4:21-cv-00043-DC-DF
Motions to dismiss (defendant) Denied

“After due consideration, the undersigned RECOMMENDS that Villegas's Motion to Dismiss be DENIED. (Doc. 6). Additionally, the undersigned RECOMMENDS that Villegas's Motion for Judgment be DENIED. (Doc. 6).”

Cobos v. Bluefin Water Solutions, LLC
4:21-cv-00072-DC-DF
Motions to dismiss (defendant) Granted

“After due consideration, the undersigned RECOMMENDS that Defendants' Motion for MDS be GRANTED IN PART and DENIED IN PART. (Doc. 10). Additionally, the undersigned RECOMMENDS that Defendants' Second Motion to Dismiss be GRANTED. (Doc. 10).”

Motion for more definite statement (defendant) Granted in part

“the undersigned RECOMMENDS that Defendants' Motion for MDS be GRANTED IN PART and DENIED IN PART. (Doc. 10).”

Villalobos v. Hudson Insurance Company
4:22-cv-00010-DC-DF
Motions to remand (plaintiff) Granted

“This case is before the undersigned United States Magistrate Judge through a standing order of referral pursuant to 28 U.S.C. 636, and Appendix C of the Local Court Rules for the Assignment of Duties to United States Magistrate Judges. After due consideration, the undersigned RECOMMENDS that Villalobos's Motion to Remand be GRANTED. (Doc. 6).”

United States v. Travalino
4:20-cv-00046-DC-DF
Motion for destruction of evidence (plaintiff) Granted in part

“The Government’s Motion for Destruction shall be GRANTED IN PART. (Doc. 109).”

United States v. Martinez
4:22-cr-00619-DC-DF
Motion to vacate 2255 (defendant) Denied

“For the reasons above, the Court RECOMMENDS Movant’s Motion to Vacate, Set Aside, or Correct Sentence be DENIED and DISMISSED WITH PREJUDICE and that a CERTIFICATE OF APPEALABILITY WILL NOT ISSUE. (Doc. 98).”

Tijerina-Salazar v. Venegas
4:19-cv-00074-DC-DF
Motions to compel (plaintiff) Granted in part

“Based on the foregoing discussion, the Third Motion to Compel shall be GRANTED IN PART and DENIED IN PART. (Doc. 133).”

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years0
ReportMotions over six monthsCases over three years
Mar 202600
Sep 202500
Mar 202500
Sep 202400
Mar 202400
Sep 202300
Mar 202300
Sep 202200
Mar 202200
Sep 202100
Mar 202100
Sep 202000

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of U.S. District Court for the Western District of Texas, not for Judge Fannin: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed3,6917.7 months
Closed with no court action1,1715.5 months
Closed before pretrial2,1157.5 months
Closed during or after pretrial36614 months
Closed during trial3930.6 months
12 months endingCases closedMedian time
Sep 20253,6917.7 months
Sep 20243,4407.8 months
Sep 20233,8237.2 months
Sep 20223,6338.3 months
Sep 20213,1788 months
Sep 20202,9906.4 months
Sep 20192,8547.1 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

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