Richard W. Bennett
How Judge Bennett decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In IDEA special-education appeals he applies the Child Find and evaluation-compliance framework rigorously and is willing to grant summary judgment for the school district / state agency across the board where the district timely and properly evaluated the child -- and to reject standing/ripeness dismissal grounds while still dismissing in part. A defense-favorable but issue-by-issue approach.
“Judge Bennett recommended granting the motion for summary judgment filed by New Caney Independent School District and the motion for summary judgment filed by the Texas Education Agency and Mike Morath, granting in part and denying in part the motion to dismiss ... and denying the plaintiffs motion for judgment on the administrative record”
In Social Security appeals he applies deferential substantial-evidence review and will affirm the ALJ (grant the Commissioner's MSJ, deny the claimant's) where the claimant's challenges amount to disagreement with the RFC analysis rather than identified legal error.
“recommending granting the Commissioner's motion for summary judgment, denying Beaudion's motion, affirming the Commissioner's decision, and dismissing this case with prejudice”
Procedural preferences
He enforces procedural prerequisites strictly, including against pro se litigants: an ex parte TRO is denied where the movant has not certified efforts to give notice or explained why notice should be excused under Rule 65(b)(1); and corporate parties must appear through counsel or face dismissal. He actively dismisses stalled cases for want of prosecution.
“the Magistrate Judge concluded that Collins had not satisfied both requirements for the issuance of an ex parte TRO under Federal Rule of Civil Procedure 65(b)(1) ... Collins failed to certify in writing any efforts that he made to give notice to the defendants”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Judge Bennett recommended granting the motion for summary judgment filed by New Caney Independent School District ... The Memorandum and Recommendation of Judge Bennett is adopted as this court's Memorandum and Opinion.”
“and the motion for summary judgment filed by the Texas Education Agency and Mike Morath ... [adopted]”
“granting in part and denying in part the motion to dismiss filed by the Texas Education Agency and Mike Morath ... The Texas Education Agency and Mike Morath objected to Judge Bennett's recommendation to deny the standing and ripeness grounds for dismissal raised in their third motion to dismiss.”
“and denying the plaintiffs motion for judgment on the administrative record against New Caney Independent School District.”
“the Memorandum and Recommendation of United States Magistrate Judge Richard W. Bennett recommending granting the Commissioner's motion for summary judgment, denying Beaudion's motion, affirming the Commissioner's decision, and dismissing this case with prejudice ... the court denies the objections and adopts Judge Bennett's Memorandum and Recommendation.”
“recommending granting the Commissioner's motion for summary judgment, denying Beaudion's motion, affirming the Commissioner's decision ... the court ... adopts Judge Bennett's Memorandum and Recommendation.”
“the Magistrate Judge concluded that Collins had not satisfied both requirements for the issuance of an ex parte TRO under Federal Rule of Civil Procedure 65(b)(1) ... the court adopts the Memorandum and Recommendation as this court's Memorandum and Order. The plaintiff's motion for a temporary restraining order and an expedited hearing, (Docket Entry No. 2), is denied.”
This is a sua sponte case-management dismissal for want of prosecution, not a ruling on a party's motion. It shows his active management of stalled dockets.
This is a sua sponte recommendation to dismiss corporate co-plaintiffs for lack of counsel, not a ruling on a party motion. It illustrates his handling of pro se litigants attempting to litigate on behalf of entities.
This order effects a plaintiff's Rule 41(a)(1)(A) voluntary dismissal rather than a contested ruling.
The case was referred to Bennett for all purposes under Section 636(b)(1)(A) and (B). A pro se plaintiff subject to a Fifth Circuit pre-filing sanction requiring permission for unpaid filings sued the Fifth Circuit Clerk in an effort to circumvent that bar. Bennett recommended sua sponte dismissal on two independent grounds: failure to obtain the required pre-filing permission and failure to properly serve the defendant under Rule 4(i) despite two court orders. He recommended denying the pending Motion to Effectuate Service as moot in light of the dismissal.
“Based on a review of the motions, the submissions of the parties, and the applicable law, the Court RECOMMENDS Defendant's Motion for Partial Summary Judgment (ECF No. 32) be GRANTED”
“the Court recommends Plaintiff's Renewed Motion to Remand (ECF No. 37) be denied.”
“the Court grants Defendant's Motion to Exclude (ECF No. 33).”
“As such, Plaintiff's Motion to Strike (ECF No. 35) is denied.”
“Plaintiff's Motions to Continue (ECF Nos. 39-40) are denied.”
Bennett recommended sua sponte dismissal for failure to timely serve the defendants under Rule 4(m) and failure to prosecute or comply with a show-cause order under Rule 41(b). No party motion was pending.
“the Court RECOMMENDS Whitbeck's Motion to Dismiss (ECF No. 36) ... be GRANTED. ... the Court RECOMMENDS Plaintiff's claims against Whitbeck ... be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e)”
“the Court RECOMMENDS ... the Fort Bend County Defendants' Motion to Dismiss (ECF No. 39) ... be GRANTED. As such, the Court RECOMMENDS Plaintiff's claims against ... the Fort Bend County Defendants ... be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e)”
“the Court RECOMMENDS ... the Fort Bend County Defendants' Motion to Recognize Dismissal (ECF No. 40) ... be GRANTED. ... the Court RECOMMENDS Plaintiff's claims against ... Lena Smith, and Fort Bend County, Texas be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e)”
“the Court RECOMMENDS ... the RMG Defendants' Motion to Dismiss (ECF No. 41) ... be GRANTED. ... the Court RECOMMENDS Plaintiff's claims against ... the RMG Defendants ... be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e)”
“the Court RECOMMENDS ... the FBISD Defendants' Motion to Dismiss (ECF No. 42) be GRANTED. As such, the Court RECOMMENDS Plaintiff's claims against ... be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e)”
“the FBISD Defendants' Motion for Sanctions (ECF No. 44) is denied.”
“the RMG Defendants' Motion for Sanctions (ECF No. 46) is denied.”
“there is no basis to strike or deny Moore's sur-reply and the Court recommends the City's Opposed Motion to Strike Plaintiff's Surreply (ECF No. 28) be denied.”
“the City and HPD's Rule 12(b)(6) Motion to Dismiss (ECF No. 12) be GRANTED”
“Vargas' Rule 12(b)(6) Motion to Dismiss (ECF No. 13) be GRANTED”
“Overstreet's Rule 12(b)(6) Motion to Dismiss (ECF No. 14) be GRANTED”
“Lopez's Rule 12(b)(6) Motion to Dismiss (ECF No. 19) be GRANTED”
“Majority Defendants' Rule 12(b)(6) Motion to Dismiss (ECF No. 22) be GRANTED.”
“the Court also recommends Moore's Opposed Motion for Joinder of Additional Party Plaintiff be denied and such state law claims be asserted in the appropriate forum.”
“the Court recommends River's Ex Parte Motion for Order Noting Default be denied without prejudice as to Contanda.”
“the Court recommends River's Ex Parte Motion for Order Noting Default be denied without prejudice as to Lloyd.”
“the Court recommends River's Ex Parte Motion for Order Noting Default be granted as to all persons, firms, corporations, or entities who have not filed and presented claims and answers in this action and be barred from filing any claims and answer in this or any other proceeding.”
Put Judge Bennett's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Bennett actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Bennett's own signed orders and cites them.