Dustin M. Howell
How Judge Howell rules, drawn from 33 signed orders. Every observation links to the order it came from.
How Judge Howell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
A request for an injunction must rest on a pleaded substantive cause of action; seeking only extra time to avoid foreclosure did not supply an independent claim for equitable relief.
“Without any claim to support his request for equitable relief, Robledo's request for injunctive relief is without merit.”
When qualified immunity is raised at the pleading stage, he stays discovery unless the plaintiff identifies specific, narrowly tailored facts needed to resolve the immunity defense.
“Given that Coffey has not identified any specific discovery needed to evaluate the qualified-immunity defense and such discovery is generally disfavored, the Court rejects Coffey's invitation to deny the Burnet Defendants' motion on this basis.”
A pending remand motion does not automatically justify pausing merits briefing; he denied a stay where jurisdiction would be resolved first regardless and the movants showed only their own litigation expense.
“However, in the face of Broadnax's opposition and in the absence of any countervailing authority, the Court concludes Plaintiffs have failed to show good cause.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants' motion to dismiss, (Dkt. 13), is GRANTED... Wescott's claims are DISMISSED WITH PREJUDICE.”
“Texmex Rainey's Motion to Dismiss and Brief in Support, (Dkt. 10), is GRANTED IN PART AND DENIED IN PART... intentional infliction of emotional distress claim is DISMISSED WITH PREJUDICE. Plaintiffs' 42 U.S.C. 1981 claim remains pending before this Court.”
“Blakely's amended motion to dismiss Skylyne's civil-conspiracy claim against him, Dkt. 20, is GRANTED.”
“Blakely's motion to dismiss, Dkt. 11, is DISMISSED AS MOOT.”
“ABL's motion for summary judgment, Dkt. 13, is GRANTED.”
“Plaintiffs' Motion for Class Certification and Appointment of Class Representatives and Class Counsel (Dkt. 62) is DENIED.”
“the undersigned issues the following report and recommendation recommending that the District Court grant Defendants' Motion for Judgment on the Pleadings and dismiss as moot Defendants' Motion for Summary Judgment.”
“...and dismiss as moot Defendants' Motion for Summary Judgment.”
Judge Howell recommended approving the parties' settlement agreement, and Judge James R. Nowlin adopted the recommendation and approved the settlement. This was settlement approval rather than a contested merits ruling.
During statutory screening of this self-represented plaintiff's claims, Judge Howell recommended dismissal with prejudice and denial of all pending motions as moot. The plaintiff objected, and Judge Albright conducted fresh review and adopted the recommendation. This was a court-initiated screening disposition rather than a ruling on a party motion.
During statutory screening, Judge Howell recommended dismissal with prejudice for lack of subject-matter jurisdiction. No party objected, and Judge Albright reviewed for clear error and adopted the recommendation. This was a court-initiated screening disposition rather than a ruling on a party motion.
Judge Howell recommended dismissal without prejudice after the self-represented plaintiff failed to provide a court-ordered more definite statement and did not respond after mailed notice was returned. The recommendation concerned failure to prosecute and comply with a court order rather than a pending party motion. The available record does not establish whether the district judge adopted it.
“Accordingly, the Court ORDERS that the report and recommendation of United States Magistrate Judge Dustin M. Howell, (Dkt. 16), is ADOPTED. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss (Dkt. 10) is GRANTED. IT IS FINALLY ORDERED that Plaintiff's claims are DISMISSED WITH PREJUDICE.”
“After reviewing the Report, the Court ADOPTS Judge Howell's recommendations and DENIES Defendant Safe & Green Holdings Corp.'s (‘SG Holdings’) Motion to Dismiss. (Dkt. # 11.)”
“Accordingly, the Court ORDERS that the Report and Recommendation of the United States Magistrate Judge, (Dkt. 43), is ADOPTED. Plaintiff's motion for summary judgment is GRANTED.”
Caseload & timing
From public federal docket records for this judge.
Judge Howell sits in the Austin Division and receives referrals from Judges Robert Pitman and Alan D. Albright and Senior Judges David Alan Ezra and James R. Nowlin. He also issues recommendations in criminal matters; that criminal-duty work is not represented in the civil motion figures.
Draft for Judge Howell with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Howell, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Howell's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace