Paul Michael Warner
Judge Warner no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Warner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On 636(b) referrals Warner applies the standard pleading-cure-then-dismiss sequence: when a pro se plaintiff is given a chance to fix a deficient complaint (here via a more-definite-statement order) and fails to comply, he recommends dismissal for failure to prosecute, comply with the court's order, and state a claim.
“this court directed Plaintiff ... to file an amended complaint within thirty (30) days to address the deficiencies ... To date, Ms. Paongo has failed to comply with the court's order ... this court recommends that Ms. Paongo's complaint be dismissed for failure to prosecute, comply with an order of the court, and state a claim”
On screening of IFP / pro se complaints he reaches statute-of-limitations defenses on a Rule 12(b)(6) motion when the complaint's own dates show the claim is time-barred, and pairs that with a sua sponte 28 U.S.C. 1915(e)(2) failure-to-state-a-claim analysis.
“recommending that the court grant Defendant Jeff Shane's Motion to Dismiss ... on the grounds that all of Mr. Domai's claims are barred by the applicable statutes of limitation, as well as Judge Warner's sua sponte analysis, as required under 28 U.S.C. 1915(e)(2)(B)(ii), that the Complaint fails to state a claim”
Cautions
Across this small sample his dismissal recommendations distinguish prejudice carefully: claims against some defendants dismissed without prejudice and against others with prejudice in the same case, and an entire action dismissed with prejudice in another. Read each recommendation's prejudice individually rather than assuming a default.
“dismiss without prejudice Claims 1-5 and 7 ... [and] dismiss all of Plaintiff's claims against Ricks and Perry with prejudice”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Judge Warner issued a thorough analysis and reasoned Report and Recommendation recommending that the Commissioner's decision be affirmed. ... The Report and Recommendation is adopted in its entirety. IT IS THEREFORE ORDERED that the Commissioner's decision in this case is AFFIRMED.”
“Judge Warner's recommendation was that this case be dismissed because Petitioner's case has been rendered moot and, as such, this court lacks subject matter jurisdiction. ... The Report and Recommendation (Dkt. 5) is ADOPTED IN FULL. The case is DISMISSED.”
“the court APPROVES AND ADOPTS Judge Warner's Report and Recommendation ... The court hereby GRANTS Defendant Jeff Shane's Motion to Dismiss (Dkt. No. 9) and DISMISSES the Complaint.”
“Defendants' motions to dismiss are GRANTED. Plaintiff's claims are DISMISSED with prejudice ... All of Plaintiff's pending motions are MOOT.”
“Defendants' countermotion for sanctions is DENIED.”
“grant the motion to dismiss filed by Defendants Salt Lake County, Unified Police Department ... James Winder, Taylorsville City, Tracy Wyant, Joel Knighton, and Denise Lovendahl, ... dismiss without prejudice Claims 1-5 and 7 ... [and] Claims 6 and 8-17 as to [those defendants]”
“grant the motion to dismiss filed by Defendants Rick Ricks and Melanie Perry, and ... dismiss all of Plaintiff's claims against Ricks and Perry with prejudice.”
“this court recommends that Ms. Paongo's complaint be dismissed for failure to prosecute, comply with an order of the court, and state a claim upon which relief may be granted.”
Caseload & timing
From public federal docket records for this judge.
As a magistrate judge sitting by consent (28 U.S.C. 636(c)) Warner served as the final judge of record on a modest civil docket alongside his much larger volume of 636(b) referral work. The sampled consent cases skew toward short-lived single-defendant matters -- consumer / debt-collection (FDCPA), ADA Title III access, tax, and employment disputes -- many resolved by stipulated dismissal. Composition and durations only; not a grant rate.
A historical record
Judge Warner no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.