Kayla D. McClusky
How Judge McClusky decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Rigorous on PLRA / Louisiana PLRA administrative exhaustion: a prisoner who files no grievance before suing loses on summary judgment, and a 'speculative fear' of retaliation does not render the grievance process 'unavailable' (Ross v. Blake). She enforces proper, complete exhaustion (Woodford v. Ngo) and applies the LA PLRA to pendent state-law prison claims under Erie.
“Griffin's speculative fear that adverse consequences might result from submitting a grievance is not sufficient to excuse his failure to comply with the ARP. He has not shown that he lacked access to or was otherwise prevented from discovering the grievance procedures at UPDC.”
For the one-year limit on diversity removal, places the burden on the removing defendant to prove by clear and convincing evidence that the plaintiff acted in bad faith specifically to prevent removal; ordinary litigation delay and other tactical motives are insufficient.
“Rover has failed to establish by clear and convincing evidence (or by a preponderance, for that matter) that DiTullio acted in bad faith to prevent it from removing the action.”
Procedural preferences
Where exhaustion is dispositive she decides on that ground alone and expressly declines to reach the constitutional merits -- a clean, narrow disposition style.
“Having determined that Griffin's claims are subject to dismissal for failure to exhaust administrative remedies, the Court does not reach the merits of his claims.”
In post-removal-order detention cases, treats a Zadvydas challenge filed before six months have elapsed from finality of the removal order as premature and dismisses it without prejudice to refiling later.
“Petitioner's claim is premature because when he filed this proceeding, he was not detained more than six months following the date his order of removal became final.”
Cautions
A prisoner-plaintiff who jumps the grievance process risks not just dismissal but dismissal WITH PREJUDICE to refiling in forma pauperis (Underwood v. Wilson) -- exhaust the ARP fully before filing, or forfeit IFP status.
“DISMISSED WITHOUT PREJUDICE on the merits but DISMISSED WITH PREJUDICE for purposes of proceeding in forma pauperis pursuant to 28 U.S.C. § 1915.”
Warns that parties remain responsible for verifying authorities produced with generative AI; nonexistent or mischaracterized citations may violate Rule 11 and support sanctions even for pro se litigants.
“It appears that Plaintiffs likely used generative artificial intelligence ('GenAI') to assist in research and failed to check whether the GenAI-generated content was accurate.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS RECOMMENDED that the Motion for Summary Judgment [doc. #14] filed by Defendant Warden Donnie Adams be GRANTED and that Plaintiff... claims be DISMISSED WITHOUT PREJUDICE on the merits but DISMISSED WITH PREJUDICE for purposes of proceeding in forma pauperis pursuant to 28 U.S.C. § 1915.”
“the Motion to Dismiss for Failure to State a Claim Pursuant to Federal Rule of Civil Procedure 12(b)(6) [Doc. No. 92] filed by Defendant Sheriff Gary Gilley is GRANTED... Plaintiff Glen Stewart's Monell liability claims pursuant to 42 U.S.C. § 1983 and his claim under Louisiana Revised Statute § 44:1 against Defendant Sheriff Gary Gilley is DISMISSED WITHOUT PREJUDICE.”
“IT IS ORDERED that Defendant Davis Premier Estates, L.L.C.'s motion to dismiss for failure to state a claim upon which relief can be granted [Doc. No. 14] is hereby DENIED.”
“IT IS RECOMMENDED that to the extent Petitioner Mihrdat Hovhannisyan seeks release under Zadvydas, his Petition be DISMISSED WITHOUT PREJUDICE to his right to re-file the claim should his confinement become unconstitutional. IT IS FURTHER RECOMMENDED that Petitioner's claims concerning his conditions of confinement and medical care be DISMISSED WITH PREJUDICE here but WITHOUT PREJUDICE to his right to raise them in a separate civil rights action. IT IS FURTHER RECOMMENDED that Petitioner's claim that the Government failed to afford him a bond hearing and claim under the Administrative Procedure Act be DISMISSED WITH PREJUDICE.”
“IT IS RECOMMENDED that the motion to remand [doc. # 12] filed by Plaintiff William DiTullio be GRANTED, and that this matter be remanded to the First Judicial District Court for the Parish of Caddo, State of Louisiana, whence it was removed.”
“IT IS ORDERED that the request for oral argument [doc. # 12-7] is DENIED AS MOOT.”
“IT IS ORDERED that the Motion for Leave to File Second Amended Complaint [doc. #18] filed by Plaintiffs Travis C. Mills and Regina Harrell Mills is GRANTED.”
“IT IS RECOMMENDED that the Motion to Remand [docs. #5, 16, 20] filed by Defendants Rocket Mortgage and Herschel Adcock be DENIED.”
“IT IS FURTHER RECOMMENDED that the Rule 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction [docs. #5, 16, 20] filed jointly by Defendants Rocket Mortgage and Herschel Adcock be GRANTED IN PART and DENIED IN PART.”
“IT IS RECOMMENDED THAT Counts 3, 5, 6, 7, and 8, be DISMISSED WITHOUT PREJUDICE. IT IS FURTHER RECOMMENDED that the Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim [docs. #5, 16, 20] filed jointly by Defendants Rocket Mortgage and Herschel Adcock be GRANTED and the claims against all Defendants be DISMISSED WITH PREJUDICE.”
“IT IS RECOMMENDED that Judge Caldwell's 12(b)(6) motion to dismiss be GRANTED, and the claims be DISMISSED WITH PREJUDICE.”
“IT IS RECOMMENDED that Sheriff Tubbs' motion to dismiss for improper service of process be GRANTED, and the claims against Sheriff Tubbs be DISMISSED WITHOUT PREJUDICE.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 89 days (N = 4).
Median motion-to-ruling time: 132 days (N = 4).
Put Judge McClusky's record to work
Ezel drafts and answers grounded in this exact profile: how Judge McClusky actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge McClusky's own signed orders and cites them.