Kathleen Cardone
How Judge Cardone rules, drawn from 33 signed orders. Every observation links to the order it came from.
About Judge Cardone
Kathleen Cardone is a judge of the United States District Court for the Western District of Texas. Appointed by President George W. Bush, Judge Cardone received a commission on July 29, 2003.
Judge Cardone's practices and standing orders
Rules for cases before Judge Cardone, as published on the court's website (checked October 8, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
- Standing-Order-Regarding-Civil-Motion-Content.pdf ↗
- Standing-Order-Regarding-Motions-for-Summary-Judgment.pdf ↗
- Standing-Order-on-Pretrial-Deadlines.pdf ↗
- Standing-Order-on-Sentencing-in-Criminal-Cases.pdf ↗
Key rules
Other
While Booker renders the Guidelines advisory rather than mandatory, the Guidelines and ranges prescribed therein for particular offenses may not be ignored.
“While Booker renders the Guidelines advisory rather than mandatory, the Guidelines and ranges prescribed therein for particular offenses may not be ignored.”
Other
The Probation Office shall generate the Presentence Report and calculate the appropriate range under the Sentencing Guidelines.
“The Probation Office shall generate the Presentence Report and calculate the appropriate range under the Sentencing Guidelines.”
Other
That suggested range will be weighed in the final calculus of what constitutes a reasonable sentence.
“That suggested range will be weighed in the final calculus of what constitutes a reasonable sentence.”
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).
- Standing Order Regarding Joint or Unopposed Request to Change Deadlines ↗
- Order Regarding Procedures for the Filing, Service and Management of Highly Sensitive Documents ↗
- General Order Regarding Electronic Filing of Transcripts ↗
- Standing Order Regarding Attorney Admissions and CLE Requirements ↗
- Privacy Policy and Public Access to Electronic Files ↗
- Standing Order Regarding the Electronic Submission of Sealed Civil Documents ↗
How Judge Cardone decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Starr's suit against El Paso County, Cardone denied both default judgment and dismissal after finding service defective, and directed the marshal to serve the correct county official so the case could proceed.
“Once service of process is properly effected, the case may proceed on its merits.”
In the Big Bend border construction case, Cardone found the plaintiffs likely to succeed on their major questions doctrine claim because the record showed the area had the lowest illegal-entry rate along the border.
“And the evidence shows that the Big Bend Sector has the lowest rate of illegal entry along the entire U.S.-Mexico border. Therefore, the Court finds that Plaintiffs are likely to succeed on the merits of their major questions doctrine claim that the Big Bend Waivers were issued in excess of the Secretary’s authority.”
Procedural preferences
In Garcia's § 2254 case, Cardone denied the habeas petition as untimely after calculating the statutory tolling period and rejecting equitable tolling.
“IT IS ORDERED that Garcia's pro se ‘Petition for a Writ of Habeas Corpus by a Person in State Custody’ (ECF No. 1) is DENIED, and his civil cause is DISMISSED WITH PREJUDICE.”
In the suit involving Wyoming National Logistics, Cardone adopted the magistrate judge's recommendation and denied Wyoming's motion to dismiss.
“the Court ADOPTS the Wyoming R&R. Wyoming's Motion to Dismiss, ECF No. 12, is DENIED.”
In the criminal case involving expert Tami Loehrs, Cardone granted the government's Daubert motion in part and limited the subjects on which the witness could testify.
“The government's Motion is therefore GRANTED in part and DENIED in part.”
In a time-credit habeas case, the petitioner had already been transferred to a residential reentry center, and the court dismissed without prejudice because it could no longer provide the requested placement relief. The order also explained why this court could not change supervised release set by the sentencing court.
“it is impossible for this Court to grant Rios any effectual relief on his § 2241 petition.”
Cautions
In Mendoza's employment case, Cardone found the defendants' proposed undisputed facts did not comply with her standing order, drew the facts from the record herself, and still granted their summary judgment motion.
“In the Court’s view, Defendants’ half-hearted submission does not constitute compliance with the Court’s Standing Orders.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants' Motion to Dismiss is GRANTED with respect to Cardenas's claims under the Mandamus Act (28 U.S.C. § 1361). It is DENIED with respect to Cardenas's claims under the Administrative Procedure Act (5 U.S.C. § 701, et seq).”
“Defendants' Motion for Summary Judgment is GRANTED. The Clerk shall close the case.”
“the City's Motion (Doc. No. 19) is GRANTED in part, as to any state law claims, and DENIED in part, as to the § 1983 claims.”
“the Wiles & Allen Motion (Doc. No. 22) is DENIED as moot.”
“Wyoming’s Motion to Dismiss, ECF No. 12, is DENIED.”
“Supreme’s Motion to Dismiss, ECF No. 17, is GRANTED in part and DENIED in part.”
“Accordingly, Defendant's Motion to Suppress Physical Evidence and Statements (Doc. No. 45) is DENIED.”
“The Court also considered ‘Defendant's Motion to Dismiss Under Fed. R. Civ. Pro. 12(b)(2), (4) and (5),’ which was embedded in its Response to Plaintiff's Motions (‘Defendant's Response and Motion to Dismiss’) (Doc. No. 15). For the reasons set forth herein, all three motions are DENIED.”
“For the reasons set forth herein, all three motions are DENIED... it is ORDERED that the Clerk shall re-issue the papers required for service of process and furnish them to the U.S. Marshal.”
“IT IS ORDERED that Wilson's pro se ‘Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody’ (ECF No. 1) is DENIED, and his civil cause is DISMISSED WITH PREJUDICE.”
“IT IS ORDERED that Behl's motion for an extension of time (ECF No. 14) is DENIED.”
“IT IS FURTHER ORDERED that Behl's pro se petition for a writ of habeas corpus (ECF No. 1) is DISMISSED WITHOUT PREJUDICE for failure to exhaust all his remedies available in the state system.”
“IT IS ORDERED that Joiner's ‘Petition for Writ of Habeas Corpus: 28 U.S.C. § 2254’ (ECF No. 1) is DISMISSED WITH PREJUDICE as untimely.”
“IT IS ORDERED that Smith's pro se ‘Petition for a Writ of Habeas Corpus by a Person in State Custody’ (ECF No. 1) is DISMISSED WITHOUT PREJUDICE.”
“IT IS ORDERED that Garcia's pro se ‘Petition for a Writ of Habeas Corpus by a Person in State Custody’ (ECF No. 1) is DENIED, and his civil cause is DISMISSED WITH PREJUDICE.”
“IT IS ORDERED that Castillo's pro se ‘Petition for Writ of Habeas Corpus: 28 U.S.C. § 2254’ (ECF No. 4) is DISMISSED WITH PREJUDICE.”
“Defendant Escobar's Motion is DENIED... For the reasons stated above, Defendant Escobar's Motion for Partial Dismissal for Want of Prosecution, ECF No. 229, is DENIED.”
Caseload & timing
From public federal docket records for this judge.
The sampled civil dockets include personal-injury removals, employment claims, a business dispute, a default-judgment case, and a pending securities case. This small, deliberately selected set does not measure the full El Paso caseload; the broader docket also contains criminal and immigration matters.
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 months | 0 |
| Bench trials submitted more than six months | 0 |
| Bankruptcy appeals pending more than six months | 0 |
| Social Security appeals pending more than six months | 0 |
| Civil cases pending more than three years | 2 |
| Report | Motions over six months | Cases over three years |
|---|---|---|
| Mar 2026 | 0 | 2 |
| Sep 2025 | 0 | 3 |
| Mar 2025 | 0 | 1 |
| Sep 2024 | 0 | 1 |
| Mar 2024 | 0 | 2 |
| Sep 2023 | 0 | 1 |
| Mar 2023 | 0 | 2 |
| Sep 2022 | 0 | 2 |
| Mar 2022 | 0 | 0 |
| Sep 2021 | 0 | 0 |
| Mar 2021 | 0 | 0 |
| Sep 2020 | 0 | 0 |
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 Cardone: 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.
| Cases | Median time | |
|---|---|---|
| All civil cases closed | 3,691 | 7.7 months |
| Closed with no court action | 1,171 | 5.5 months |
| Closed before pretrial | 2,115 | 7.5 months |
| Closed during or after pretrial | 366 | 14 months |
| Closed during trial | 39 | 30.6 months |
| 12 months ending | Cases closed | Median time |
|---|---|---|
| Sep 2025 | 3,691 | 7.7 months |
| Sep 2024 | 3,440 | 7.8 months |
| Sep 2023 | 3,823 | 7.2 months |
| Sep 2022 | 3,633 | 8.3 months |
| Sep 2021 | 3,178 | 8 months |
| Sep 2020 | 2,990 | 6.4 months |
| Sep 2019 | 2,854 | 7.1 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).
Draft for Judge Cardone with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Cardone, and what has not, cited to the signed orders.
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