David A. Faber
How Judge Faber rules, drawn from 19 signed orders. Every observation links to the order it came from.
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 a habeas case, the judge denied the petition but declined to adopt the magistrate judge's recommendation that dismissal be with prejudice, instead dismissing without prejudice for lack of jurisdiction: showing he will independently re-reason a recommendation's legal basis rather than adopt it wholesale.
“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 disability-benefit disputes, Faber looks to the claimant's demonstrated ability to perform the actual duties of the occupation, rather than treating medical evidence or a disability label as conclusive.
“despite his inability to perform the aforementioned nine duties, plaintiff was still able to perform most of the principal duties of his occupation.”
Where a benefit plan promises a full appeal review of all submitted material, Faber requires the administrator to consider a Social Security disability award as relevant evidence even though it is not binding.
“These failures constitute an abuse of discretion necessitating reconsideration of plaintiffs claim by the plan administrator.”
Procedural preferences
Denies requests to file supplemental briefing (a sur-reply) once a magistrate judge's recommendation is ready for adoption, keeping habeas and post-conviction proceedings moving to a prompt final ruling.
“denying plaintiff leave to file a sur-reply; adopting the Proposed Findings and Recommendation by Magistrate Judge”
Faber strictly construes removal jurisdiction and remands when the removing party cannot establish complete diversity, without reaching a pending merits dismissal motion.
“Removal jurisdiction is strictly construed, and, if federal jurisdiction is in doubt, remand is necessary.”
Cautions
Routinely denies a certificate of appealability alongside dismissing federal prisoners' habeas and Section 2255 motions, signaling he views most such petitions as not presenting a substantial constitutional question absent a strong showing.
“additionally, denying a certificate of appealability”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“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.”
“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.”
“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).”
“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.”
“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.”
“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.”
“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.”
“Adopting the Proposed Findings and Recommendations; denying the MOTION to Vacate, Set Aside or Correct Sentence (2255); directing that this action is dismissed.”
“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.”
“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.”
“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.”
“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.
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