Alistair E. Newbern
How Judge Newbern decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On Rule 41(b) failure-to-prosecute, applies the Sixth Circuit's four-factor Knoll/Schafer test (willfulness/fault, prejudice, prior notice, lesser sanctions) and recommends dismissal WITHOUT prejudice -- a 'comparatively lenient' sanction whose standard is 'greatly relaxed' -- rather than with-prejudice dismissal, especially for pro se plaintiffs.
“Because dismissal without prejudice is a relatively lenient sanction ... the ‘controlling standards should be greatly relaxed’ for Rule 41(b) dismissals without prejudice where ‘the dismissed party is ultimately not irrevocably deprived of his [or her] day in court.’”
Declines to find Rule 41(b) prejudice merely because a defendant answered and moved for summary judgment -- those are 'typical steps in the early stages of litigation', not effort necessitated by the plaintiff's delay.
“Those steps are typical of the early stages of litigation and were not necessitated by Hudson’s delay. ... There is thus no indication that the CoreCivic Defendants wasted substantial time, money, or effort due to a lack of cooperation from Hudson.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Magistrate Judge will recommend that the Court dismiss Hudson’s remaining claims without prejudice under Rule 41(b) and find moot the CoreCivic Defendants’ motion for summary judgment.”
Sua sponte recommendation of dismissal without prejudice under Rule 41(b) for a pro se Social Security plaintiff who filed a blank complaint and never amended it. Quote: 'the Magistrate Judge RECOMMENDS that this lawsuit be DISMISSED WITHOUT PREJUDICE under Federal Rule 41(b).' This recommendation did not resolve a party motion.
“a Report and Recommendation from Magistrate Judge Alistair Newbern (Doc. No. 202) recommending the Court deny the Motion to Dismiss filed by Defendants Zachary Knowles, Lyndi Knowles, and ZK Ranches”
“the Magistrate Judge recommends that the United States Department of Education’s (‘DOE’) motion to dismiss for lack of jurisdiction (Doc. No. 25) be granted, and that this action be dismissed without prejudice for lack of subject-matter jurisdiction under Rule 12(b)(1).”
“the Magistrate Judge RECOMMENDS that this action be DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 41(b) and that SHP, Nicole, and Matthews's motion for summary judgment (Doc. No. 59) be FOUND MOOT.”
“the Magistrate Judge RECOMMENDS that the Court GRANT the defendants' motions to dismiss (Doc. Nos. 28, 32) and DISMISS this action for Goings's failure to effect service of process on the defendants.”
“the Magistrate Judge RECOMMENDS that the Court GRANT Walgreens and Unilever's motion to dismiss (Doc. No. 7)”
“DENY Kremer's request for judgment on the pleadings (Doc. No. 9)”
“Whole Foods' motion for summary judgment (Doc. No. 120) and Blount's motion for summary judgment (Doc. No. 125) be DENIED”
“Whole Foods' motion to strike (Doc. No. 154) be DENIED AS MOOT.”
“Helper and Stephens's second Rule 12(b) motion (Doc. No. 57) be DENIED”
“Layton and CASA's motion for reconsideration (Doc. No. 59) be GRANTED IN PART AND DENIED IN PART”
“Reguli's motion for leave to file an amended complaint (Doc. No. 82) be DENIED WITHOUT PREJUDICE.”
“the Magistrate Judge RECOMMENDS that Stripe's motion to dismiss be GRANTED and Kremer's claims against Stripe be DISMISSED WITHOUT PREJUDICE because Kremer has not effected service of process.”
“The Magistrate Judge recommends that Kremer's motion for injunctive relief and motion for entry of default against Webador be DENIED.”
“the Magistrate Judge RECOMMENDS that the Court GRANT Rubin Lublin's motion for judgment on the pleadings (Doc. No. 83), GRANT Bank of England's motion to dismiss (Doc. No. 91), and FIND MOOT Sutton's requests for discovery (Doc. No. 93).”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 182 days (N = 1).
Newbern decides consent Social Security appeals, handles criminal-duty matters, and issues recommendations in civil cases referred by district judges. The sampled referred docket is weighted toward self-represented prisoner civil-rights cases and initial screening matters.
Put Judge Newbern's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Newbern actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Newbern's own signed orders and cites them.