Lourdes A. Martínez
Judge Martínez no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Martínez decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On collateral attacks (2255), reaches the merits claim-by-claim under Strickland and recommends dismissing with prejudice the claims that fail the prejudice prong, reserving an evidentiary hearing only for a claim that cannot be resolved on the record.
“the Magistrate Judge recommended dismissing all claims in Movant's 2255 motion [Doc. 1] except for his claim that his trial counsel failed to properly communicate Movant's acceptance of a 15-year plea offer”
Declines to resolve qualified immunity on the pleadings where the factual circumstances of the arrest are unclear, instead directing the pro se plaintiff to supply the missing facts.
“the Court is unable to determine whether Defendant Martinez is entitled to qualified immunity because it is not clear from Plaintiff's Complaint for which crime Plaintiff was arrested”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court has determined that it will: (1) adopt the Proposed Findings and Recommended Disposition (Doc. 19); (2) deny without prejudice Defendant Martinez' motion to dismiss [Doc. 12] ... the Court is unable to determine whether Defendant Martinez is entitled to qualified immunity because it is not clear from Plaintiff's Complaint for which crime Plaintiff was arrested, whether Plaintiff posed immediate threat ... or whether he was actively resisting arrest”
“the Magistrate Judge recommended dismissing all claims in Movant's 2255 motion [Doc. 1] except for his claim that his trial counsel failed to properly communicate Movant's acceptance of a 15-year plea offer ... all of Defendant/Movant's claims in his 2255 motion [Doc. 1], except his claim that his trial counsel failed to properly communicate Defendant/Movant's acceptance of a 15-year plea offer to the prosecution, are DISMISSED with prejudice”
“the Court has determined that it will adopt the PF&RD and deny Plaintiff's Motion for a Temporary Restraining Order and a Preliminary Injunction Requesting Three Judge Panel (Doc. 7) ... IT IS FURTHER ORDERED that Plaintiff's Motion for a Temporary Restraining Order and a Preliminary Injunction Requesting Three Judge Panel (Doc. 7) is DENIED”
“the Plaintiffs' requests in their Motion to Remand ... are granted in part and denied in part as set forth in the Magistrate Judge's Proposed Findings and Recommended Disposition; and the case be remanded to the state district court from which it was removed”
Sua sponte screening under 28 U.S.C. Section 1915(e)(2). Martinez recommended granting leave to proceed in forma pauperis, dismissing the pro se employment-discrimination complaint without prejudice, and allowing 14 days to seek leave to amend. District Judge James O. Browning overruled the plaintiff's objections and adopted the recommendation in full. The order states: 'dismiss the Complaint without prejudice; and... allow Belhomme fourteen days from the date of this Order in which to file a motion to amend his Complaint.'
“grant Respondent Ray Terry's Motion to Dismiss Petition Without Prejudice (Doc. 17) ... IT IS FURTHER ORDERED that Respondent Ray Terry's Motion to Dismiss Petition Without Prejudice (Doc. 17) ... [is] GRANTED.”
“deny without prejudice Petitioner's Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. 1) ... IT IS FURTHER ORDERED that Petitioner's Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. 1) ... [is] DENIED without prejudice.”
“the undersigned recommends that Defendants' Motion to Dismiss (Doc. 25) be GRANTED and that all of Plaintiff's claims and this case be DISMISSED without prejudice.”
“the undersigned recommends that: (1) Plaintiff's Motion for Partial Summary Judgment (Doc. 33) be GRANTED with regard to Plaintiff's due process claim against Defendant Biamont; ... (4) Plaintiff's Motion for Partial Summary Judgment (Doc. 33) be DENIED with regard to Plaintiff's state law and failure to supervise claims; and (5) Plaintiff's Motion for Partial Summary Judgment (Doc. 33) be DENIED as to all other remaining claims.”
“Defendant's Motion for Involuntary Dismissal (Doc. 75) is GRANTED and this case is hereby DISMISSED without prejudice.”
“Defendant's Unopposed Motion to Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) (Doc. 24) is GRANTED and the Court hereby REVERSES the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) and REMANDS this case to the Commissioner for further administrative proceedings.”
“GRANTING Plaintiff's Motion to Reverse or Remand Administrative Agency Decision (Doc. 27) and REMANDING this case to the Commissioner of the Social Security Administration for further proceedings consistent with the Memorandum Opinion and Order.”
“Defendant's Unopposed Motion To Reverse and Remand For Further Administrative Proceedings Pursuant to Sentence Four of 42 U.S.C. § 405(g) (Doc. 21) is GRANTED and the Court hereby REVERSES the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) and REMANDS this case to the Commissioner for further administrative proceedings.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 323.0 days (N = 10).
Before her 2017 retirement, Judge Martinez entered final decisions by consent in a steady stream of Social Security disability appeals under Titles II and XVI. She also wrote recommendations in pro se prisoner and civil-rights cases. This describes the composition of her work, not a grant rate.
A historical record
Judge Martínez no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.