David A. Faber

How Judge Faber rules, drawn from 22 signed orders. Every observation links to the order it came from.

Court
U.S. District Court for the Southern District of West Virginia
Position
District judge
Status
Senior status
Appointed by
George H.W. Bush (Republican)
Commissioned
November 25, 1991
ABA rating
Well Qualified
Education
West Virginia University (A.B., 1964); Yale Law School (J.D., 1967); University of Virginia School of Law (LL.M., Judicial Process, 1998); University of Cambridge (Ph.D., History, 2014)
Signed orders read
22

About Judge Faber

David A. Faber is a judge of the United States District Court for the Southern District of West Virginia. Appointed by President George H.W. Bush, Judge Faber received a commission on November 25, 1991. Judge Faber assumed senior status on December 31, 2008.

Judge Faber's practices and standing orders

The court's website lists no individual practices or standing orders of Judge Faber's own (checked October 9, 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 9, 2026).

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

How Judge Faber decides

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

What persuades

In Matthews v. Warden, Faber declined to adopt a magistrate judge's recommendation to dismiss a habeas petition with prejudice. He instead dismissed without prejudice for lack of jurisdiction.

“The court declines to adopt the PF&R's recommendation to dismiss this action with prejudice and instead dismisses this action without prejudice for lack of jurisdiction.”

In Repass v. Northwestern Mutual Life Insurance Co., Faber denied the insured's summary-judgment motion and granted the insurer's cross-motion on an occupational disability claim. Although the insured could not perform nine duties, his own testimony showed he could perform most of the principal duties of his occupation.

“despite his inability to perform the aforementioned nine duties, plaintiff was still able to perform most of the principal duties of his occupation.”

In Crouch v. Siemens Short-Term Disability Plan, Faber found that the plan administrator abused its discretion by failing to consider a Social Security disability award submitted during the plan appeal. He remanded the benefits claim for reconsideration.

“These failures constitute an abuse of discretion necessitating reconsideration of plaintiffs claim by the plan administrator.”

Procedural preferences

In Stevenson v. Clark, Faber denied the plaintiff leave to file a sur-reply in a civil-rights case. He adopted the magistrate judge's recommendation and dismissed the complaint.

“denying plaintiff leave to file a sur-reply; adopting the Proposed Findings and Recommendation by Magistrate Judge”

In Thomas v. Brooks Run Mining Co., Faber remanded a removed wrongful-death suit after finding that the parties were not completely diverse. Because he lacked jurisdiction, he did not reach the defendants’ pending dismissal motion.

“Removal jurisdiction is strictly construed, and, if federal jurisdiction is in doubt, remand is necessary.”

Cautions

In Bankston v. Warden, he adopted an unopposed magistrate recommendation, dismissed a Section 2241 habeas petition, and denied a certificate of appealability after finding that the governing standard was not met.

“The court concludes that the governing standard is not satisfied in this instance. Accordingly, the court DENIES a certificate of appealability.”

Signed rulings

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

Rierson v. United States
1:16-cv-05719 · 2019-02-26
Motion to vacate 2255 (movant) Moot / procedural

“The Court FINDS that the requested relief is no longer possible. Accordingly, Movant's 37 MOTION to Vacate, Set Aside or Correct Sentence (2255) is DENIED AS MOOT.”

Hatfield v. Saul
1:19-cv-00893 · 2021-01-27
Social security appeal (claimant) Denied

“Plaintiff's request for remand is DENIED; Defendant's request to affirm the Commissioner's Decision is GRANTED; The final decision of the Commissioner is AFFIRMED; This action is DISMISSED.”

Keaton v. Kijakazi
1:20-cv-00855 · 2021-12-03
Social security appeal (claimant) Granted

“Granting plaintiff's motion for judgment on the pleadings to the extent it requests remand of defendant's decision; denying defendant's request to affirm her decision; reversing and remanding defendant's decision pursuant to sentence four of 42 U.S.C. Section 405(g).”

Stevenson v. Clark
1:21-cv-00625 · 2022-09-19
Motions to dismiss (defendant) Granted

“Denying plaintiff leave to file a sur-reply; adopting the Proposed Findings and Recommendation by Magistrate Judge; dismissing plaintiff's Complaint; and directing the Clerk to remove this matter from the court's docket.”

Bonner v. McDowell County Commission
1:21-cv-00666 · 2023-03-29
Motions to dismiss (defendant) Granted in part

“Granting in part and denying in part the MOTION by McDowell County Commission to Dismiss. Defendant's motion is GRANTED insofar as it seeks dismissal of Count II and DENIED as to Count I.”

Gibson v. McDowell County Commission
1:21-cv-00652 · 2023-03-29
Motions to dismiss (defendant) Granted in part

“Granting in part and denying in part the MOTION by McDowell County Commission to Dismiss. Defendant's motion is GRANTED insofar as it seeks dismissal of Count II and DENIED as to Count I.”

Little v. United States
2:16-cv-09792 · 2019-05-07
Motion to vacate 2255 (movant) Denied

“Adopting Proposed Findings and Recommendations; denying the MOTION to Vacate, Set Aside or Correct Sentence (2255); dismissing this action and directing the Clerk to remove this case from the active docket; the court denies a certificate of appealability.”

Collins v. United States
2:16-cv-08680 · 2019-04-25
Motion to vacate 2255 (movant) Denied

“Adopting the Proposed Findings and Recommendations; denying the MOTION to Vacate, Set Aside or Correct Sentence (2255); directing that this action is dismissed.”

Linko v. United States
2:16-cv-04551 · 2019-09-12
Motion to vacate 2255 (movant) Denied

“Adopting the Proposed Findings and Recommendations; the 2255 motion is denied; this action is dismissed and the clerk is directed to remove this case from the court's active docket. The court denies a certificate of appealability.”

Merchant v. Gore
1:23-cv-00796 · 2025-03-04
Habeas petition 2254 (petitioner) Denied

“Granting the Motion by Charles Gore to Dismiss and for Summary Judgment; denying the Petition by Brian Merchant for Writ of Habeas Corpus (2254); dismissing this action with prejudice; and directing the Clerk to remove this matter from the court's docket; additionally, denying a certificate of appealability.”

Williams v. Warden
1:23-cv-00009 · 2026-02-19
Habeas petition 2241 (petitioner) Denied

“Accordingly, the court hereby DISMISSES plaintiff's petition/motion for emergency CARES Act home confinement pursuant to U.S.C. § 2241 and directs the Clerk to remove this case from the court's active docket.”

Vega v. LeFever
1:23-cv-00030 · 2025-11-04
Habeas petition 2241 (petitioner) Denied

“Accordingly, the court hereby DISMISSES plaintiff's petition for a writ of habeas corpus pursuant to U.S.C. § 2241 and directs the Clerk to remove this case from the court's active docket.”

Caseload & timing

From public federal docket records for this judge.

  • The sampled caseload is dominated by federal prisoner habeas corpus petitions under 28 U.S.C.
  • Section 2241 and post-conviction motions to vacate sentence under Section 2255, most referred first to a magistrate judge for a recommendation.
  • It also includes Social Security disability appeals, prisoner civil-rights suits against county jails, general civil and insurance disputes, and a large-scale opioid public-nuisance case that was tried to judgment in 2022.

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 202211
Sep 202101
Mar 202100
Sep 202010

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 Southern District of West Virginia, not for Judge Faber: 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 closed47010 months
Closed with no court action163 months
Closed before pretrial44110.1 months
Closed during or after pretrial1019.5 months
Closed during trial3not reported
12 months endingCases closedMedian time
Sep 202547010 months
Sep 202446910.6 months
Sep 202347311.1 months
Sep 202247111.4 months
Sep 202193914.9 months
Sep 20203,01362.7 months
Sep 201941,34253.9 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 Faber with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Faber, and what has not, cited to the signed orders.

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