Andrew T. Baxter
Judge Baxter no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Baxter decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On prisoner excessive-force summary-judgment motions Baxter applies the Hudson v. McMillian objective/subjective test strictly and recommends granting the defense motion where the injury is de minimis and the force was reasonable to restore order (Farmer v. Brennan for failure-to-protect).
“ORDERS that Defendants' motion for summary judgment (Dkt. No. 31) is GRANTED and Plaintiff's complaint is DISMISSED in its entirety”
Procedural preferences
An unopposed motion to dismiss is not automatically granted before him: his Report still tests the complaint's sufficiency, and he recommended denying a Rule 12(b)(6) motion the plaintiff never answered.
“ORDERED that Defendant's motion to dismiss (Dkt. No. 29) is DENIED”
Cautions
Non-specific objections to a Report draw only clear-error review, and he declines to appoint counsel for a capable pro se litigant before trial where the plaintiff shows no effort to obtain counsel and has litigated effectively.
“ORDERED that Plaintiff's letter-motion for the appointment of counsel (Dkt. No. 61) is DENIED”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERS that Defendants' motion for summary judgment (Dkt. No. 31) is GRANTED and Plaintiff's complaint is DISMISSED in its entirety”
“ORDERED that Defendant's motion to dismiss (Dkt. No. 29) is DENIED”
“ORDERED that Defendants' motion to dismiss (Dkt. No. 43) is GRANTED as to the following claims: (1) Plaintiff's ADA and RA claims ... DISMISSED with prejudice and without leave to amend; (2) Plaintiff's state law negligence claims are DISMISSED without prejudice but without leave to amend; and ... DENIED in all other respects”
“ORDERED that Plaintiff's letter-motion for the appointment of counsel (Dkt. No. 61) is DENIED”
Caseload & timing
From public federal docket records for this judge.
Baxter's docket caseload (2019 filing window, when he was actively assigned -- these are genuinely his cases, not reassignments). Overwhelmingly Social-Security disability appeals (assigned magistrate of record, deciding the appeal on the merits where the parties consented to his jurisdiction, otherwise issuing a report and recommendation) plus criminal-duty matters and occasional civil diversity (e.g. Schofield v. Cohen, real-property). Durations below are filing-to-termination CASE durations, NOT motion-to-ruling latency; per-decision latency for his consent Social Security appeals is in the docket motions and motion stats.
A historical record
Judge Baxter 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.