James P. Mazzone
How Judge Mazzone rules, drawn from 8 signed orders. Every observation links to the order it came from.
How Judge Mazzone decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In evaluating a Title VII disparate-impact claim, the judge treated the absence of a designated statistical expert as independently fatal, without needing to weigh the substance of the plaintiff's lay statistical arguments.
“Plaintiff has not designated an expert to explain and/or present these statistics and their import... Without such expert evidence and/or testimony, Plaintiff cannot support a prima facie case for disparate impact discrimination. Plaintiff's lack of an expert is therefore fatal to Plaintiff's case.”
In a Section 1983 suit, the judge distinguished carefully between a plaintiff's intentional-conduct and negligence theories arising from the same incident, rejecting a negligence claim built on facts that were, on their face, alleged as intentional acts.
“plaintiffs [cannot] prevail on a claim of simple negligence based on [a defendant's] intentional act... there is little doubt that plaintiff has clearly alleged intentional acts on the part of Tibbs.”
Procedural preferences
In pro se Social Security appeals, the judge recommends dismissal for failure to prosecute only after the claimant has been given a filing extension and then a formal show-cause opportunity, rather than dismissing at the first missed deadline.
“the Court entered an Order to Show Cause given Plaintiff's failure to file his opening brief... Plaintiff had fourteen days to respond. To date, Plaintiff has failed to file any response.”
In one civil-rights screening recommendation, the judge favored postponing claims that overlapped a pending criminal prosecution, recommending dismissal without prejudice or a stay rather than adjudicating issues that could affect the criminal case.
“addressing the substance of claims made in this case would necessarily implicate matters in the ongoing criminal proceedings, and as such the undersigned recommends that the Court dismiss these claims without prejudice as to plaintiff’s right to raise them after the conclusion of his criminal case, or, in the alternative, that such claims be stayed until resolution of plaintiff’s criminal case.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
Mazzone entered the underlying Report and Recommendation (and an amended R&R correcting docket numbers) recommending the court deny the claimant's motion for summary judgment and grant the Commissioner's, affirming a Social Security benefits denial; Chief Judge Kleeh adopted it without objection. This entry is included as an adoption-confirmed data point but is recorded on Kleeh's ruling list as the signed final order; excluded from this record's own motion count to avoid double-counting the same outcome twice.
“the undersigned FINDS that Plaintiff has failed to prosecute his case as required under applicable statutory and local rules. Accordingly, and for all of the foregoing reasons, the undersigned RECOMMENDS that this matter be DISMISSED for failure to prosecute.”
“The undersigned FINDS that Plaintiff has failed to prosecute his case as required under applicable statutory and local rules. Accordingly, and for all of the foregoing reasons, the undersigned RECOMMENDS that this matter be DISMISSED for failure to prosecute.”
“the undersigned RECOMMENDS that that: 1. Defendant Timothy Tibbs' Partial Motion to Dismiss Plaintiff's Amended Complaint, [Doc. 18] be GRANTED and the Court dismiss Counts Two, Five, and Six as to defendant Tibbs; and 2. all claims against defendant West Virginia Division of Corrections and Rehabilitation be DISMISSED WITHOUT PREJUDICE for failure to serve.”
“Defendant's Motion [81] for Summary Judgment is GRANTED, and this case is hereby DISMISSED WITH PREJUDICE. The Court DIRECTS the Clerk to STRIKE this matter from the active docket of this Court and enter judgment in favor of Defendant.”
“the undersigned recommends that the petition [Doc. 1] be DENIED and DISMISSED WITH PREJUDICE.”
“To the extent that petitioner’s letter of October 30, 2024 [Doc. 6] is construed as a MOTION for relief, the undersigned recommends that it be DENIED as MOOT.”
“the undersigned recommends that the petition [Doc. 1] be DENIED and DISMISSED without prejudice.”
“plaintiff’s claims against the West Virginia State Police and the State of West Virginia be DISMISSED with prejudice; and ... plaintiff’s claims against Eric McFarland be DISMISSED ... without prejudice as to plaintiff’s right to reassert those claims after the conclusion of Criminal ... Action Number 5:24-CR-46, or in the alternative, that such claims be stayed until the resolution of that case.”
“the undersigned recommends that the petition [Doc. 1] be DENIED and DISMISSED WITHOUT PREJUDICE.”
Caseload & timing
From public federal docket records for this judge.
- Beyond his Social Security and prisoner Report-and-Recommendation caseload, Mazzone's own 636(c) consent-jurisdiction docket includes Title VII employment suits transferred in from other districts once all parties consent to his jurisdiction.
- The sample also shows the volume of non-dispositive case-management orders (in forma pauperis grants, extensions, page-limit rulings) he issues on referred Bivens and civil-rights cases before or alongside the dispositive recommendations.
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