Thomas E. Johnston
How Judge Johnston decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When a party is given a specific deadline to brief an issue before a sale or hearing and does not do so, the judge treats the silence as a waiver rather than revisiting the issue after the fact.
“Plaintiff waived its right to seek a set-off by not briefing the issue when given the chance to do so... The Court thus finds that Plaintiff's inaction amounts to a waiver of the right and Plaintiff cannot now seek a set-off.”
On a disputed removal date, the judge requires unequivocal, unambiguous notice that a case had become removable before the 30-day removal clock starts running -- an ambiguous expert report or an unsettled legal theory in the complaint does not start it.
“such notice of removability 'ought to be unequivocal' and 'should not be one which may have a double design.'”
In a wave of 2026 immigration habeas petitions, the judge has been willing to say plainly, in a signed order, that the government is repeating an argument this bench has already and repeatedly rejected.
“Yet, the Government's unconstitutional practices and meritless arguments persist... The copy and paste response of the same, rejected arguments erodes the public trust in the Government attorneys tasked with upholding the rule of law.”
When a defendant argues a prior class-action settlement bars an individual plaintiff's claims, the judge will not infer that the plaintiff personally received adequate notice of that settlement just because the settlement court made a general finding about the class as a whole -- it requires proof of notice specific to that plaintiff.
“Nationstar has provided no evidence that the settlement notice--that is, the notice to Plaintiff specifically--meets due process requirements. Nationstar has submitted no evidence that Plaintiff's name and address were included on the mailing lists of absent class members.”
Procedural preferences
Where removal is found improper, the judge has awarded the plaintiff's fees and costs as a matter of course in addition to remanding the case.
“granting Plaintiffs' request and AWARDING fees and costs incurred as a result of this removal”
On a partial dismissal, the judge typically pairs the ruling with a short deadline to amend rather than closing the door on the dismissed claim outright.
“directing Plaintiff to replead his Complaint within 15 days of the entry of this Order”
Where a plaintiff filed an ERISA claim before exhausting the plan's administrative remedies, the judge dismissed without prejudice rather than with prejudice, to preserve the claim once the plaintiff exhausts and refiles.
“The Court believes dismissal without prejudice is the better route. Plaintiff, no doubt, jumped the gun by filing suit before exhausting her administrative remedies. But that mistake does not prevent her from now going back, exhausting her administrative remedies, and then refiling a proper ERISA action.”
Once the judge rules on the merits of competing arbitration-related motions, alternative or overlapping procedural motions (a motion to dismiss, stay, or transfer venue; a request for a further status conference) are denied as moot rather than separately decided.
“denying as moot Eagle's 13 motion to dismiss, or, alternatively, to stay or transfer venue... denying Eagle's 70 request for a status conference”
Cautions
A pro se plaintiff who does not keep a current address on file with the clerk and misses a show-cause deadline will have the case dismissed for failure to prosecute; mail returned as undeliverable is not treated as an excuse.
“Plaintiff has also seemingly failed to maintain his current address with the clerk... Per Rule 83.5 of the Local Rules of Civil Procedure, Plaintiff--as a pro se party--'must advise the clerk promptly of any changes in name, address, or telephone number.'”
A party that takes one position to secure a benefit (e.g., agreeing to a judicial sale) cannot later reverse course and argue the opposite once it dislikes the outcome; the judge will invoke judicial estoppel to block it, even raising the issue on the court's own initiative.
“allowing parties to play 'fast and loose' with the court system--and thereby manipulate the system to their advantage--would both undermine the truth-seeking function of the judicial branch and erode the public's trust in it.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Pending before the Court is Plaintiff Logan Coal & Timber Corporation's ('Plaintiff') motion for a set-off. (ECF No. 25.) Also pending are Defendant Kinzer Business Realty, Ltd.'s ('Defendant') objections to the judicial sale. (ECF No. 26.) For the reasons more fully explained below, Plaintiff's motion is DENIED, and Defendant's objections are OVERRULED.”
“Pending before the Court is Defendants American Electric Power Service Corporation's ('AEP') and Empower Retirement, LLC's ('Empower') Motion to Dismiss. (ECF No. 4.) For the reasons more fully explained below, the motion is GRANTED. ... AEP's and Empower's motion to dismiss, (ECF No. 4), is GRANTED, and Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE.”
“MEMORANDUM OPINION AND ORDER overruling the Respondents' 24 and 33 Objections; adopting the Magistrate Judge's 15 PROPOSED FINDINGS AND RECOMMENDATION; remanding this case to the Magistrate Court of Kanawha County, West Virginia; granting Petitioner's request for an award of costs and expenses pursuant to 28 U.S.C. Section 1447(c).”
“Accordingly, the Court ADOPTS the PF&R, (ECF No. 8), DENIES Plaintiff's Motion for Judgment on the Pleadings, (ECF No. 5), GRANTS the Commissioner's Motion for Judgment on the Pleadings, (ECF No. 6), AFFIRMS the final decision of the Commissioner.”
“GRANTS the Commissioner's Motion for Judgment on the Pleadings, (ECF No. 6), AFFIRMS the final decision of the Commissioner, DISMISSES the Complaint, (ECF No. 1).”
“Accordingly, the Court ADOPTS the PF&R, (ECF No. 8), and DISMISSES this action WITHOUT PREJUDICE for failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.”
“for the same reasons the Court has steadfastly explained, the Petition, (ECF No. 1), is GRANTED. Respondents are ORDERED to RELEASE PETITIONERS IMMEDIATELY from civil immigration custody... The Court ORDERS that Respondents are PROHIBITED from re-arresting and detaining Petitioners pending further order of this Court.”
“ORDER The 4 Proposed Findings and Recommendation is ADOPTED; this action is DISMISSED WITHOUT PREJUDICE; the 1 Application to Proceed Without Payment of Fees and Costs is DENIED AS MOOT.”
“ORDER adopting the 6 Proposed Findings and Recommendations, dismissing Petitioner's 1 letter-form Petition Under 28 U.S.C. Section 2254 for Writ of Habeas Corpus By a Person in State Custody, without prejudice; directing the Clerk to remove this matter from the Court's docket.”
“Pending before the Court is Plaintiff Michael E. Jones... Motion for Remand. (ECF No. 5.) For the reasons more fully explained below, the motion is DENIED... Defendant was not on proper notice pursuant to 28 U.S.C. Section 1446(b)(3) that Plaintiff intended to state a federal cause of action until Plaintiff filed his Amended Complaint... the Notice of Removal was timely.”
“MEMORANDUM OPINION AND ORDER granting 27 MOTION for Summary Judgment; this case is dismissed with prejudice; the Clerk is directed to remove this case from the Court's docket.”
“MEMORANDUM OPINION AND ORDER granting 10 Motion to Remand; granting Plaintiffs' request and AWARDING fees and costs incurred as a result of this removal; Plaintiffs are DIRECTED to file a statement of fees within 10 days of entry of this order; this case is REMANDED to the Circuit Court of Kanawha County, West Virginia.”
“MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants' 3 Motion to Dismiss; dismissing any FMLA interference claim alleged in Count III; denying Defendants' Motion to Dismiss as to all other claims; directing Plaintiff to replead his Complaint within 15 days of the entry of this Order.”
Caseload & timing
From public federal docket records for this judge.
The sampled caseload includes insurance and personal-injury suits, ERISA and FMLA employment disputes, RICO and consumer/FCRA claims, prisoner civil-rights and state/federal habeas matters, Social Security appeals, a partition-by-sale property dispute, an arbitration-award challenge, and a current wave of 28 U.S.C. Section 2241 petitions challenging immigration detention and post-release conditions in 2026.
Put Judge Johnston's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Johnston actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Johnston's own signed orders and cites them.