David B. Fannin
How Judge Fannin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On qualified immunity at the pleadings he parses each defendant separately and rejects group pleading; allege particularized conduct by each official.
“a 1983 plaintiff who alleges mistreatment at the hands of a group [must] describe with particularity the actions taken by each of them individually.”
Diversity removal by an LLC requires proving the citizenship/domicile of EVERY member at BOTH the filing date and the removal date; affidavits silent on one member or one date do not cure the defect, and doubts are resolved in favor of remand.
“no affidavit affirms both Stephen and Robert Morris were Louisiana citizens on August 11, 2023 and September 15, 2023.”
Procedural preferences
Strict on service and leave: a pro se plaintiff who files an amended complaint without leave and fails to serve it will be denied leave to amend.
“Plaintiff yet again failed to serve his Complaint, which was filed without leave of Court”
Rule 12(f) reaches only pleadings (Rule 7(a)); a motion to strike an affidavit or removal notice will be denied.
“affidavits are not pleadings, and thus not subject to Rule 12(f).”
Cautions
Will recommend 1915(e) dismissal -- with prejudice when the claim asserts a legal right that does not exist (here, no right to enlist in the military), and deny leave to amend once the plaintiff has pleaded his best case.
“He asserts a right that the law simply does not recognize: entry into the Armed Forces.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Magistrate Judge Fannin recommends that the Court deny the motion in part and grant the motion in part ... Defendants' Motion to Dismiss for lack of standing be DENIED. ... Qualified Immunity from George Hansard's 1983 claim be DENIED as to Defendant Zamora ... be GRANTED as to the School Board Defendants.”
“Plaintiff's Motion for Leave to Amend [Doc. 15] is therefore DENIED.”
“Defendants' Motion for an Order Limiting Discovery and the Motion to Dismiss [Docs. 4 and 26] are DENIED AS MOOT.”
“Defendants' Joint Renewed Motion to Dismiss is DENIED (Doc. 73).”
“the Magistrate recommended that the Court grant Nasio's IFP motion. The Court agrees. Nasio's IFP motion is GRANTED.”
“Petro Guardian has not met its burden to show Robert Morris was domiciled in Louisiana on August 11, 2023 and September 15, 2023. For this reason, the Court RECOMMENDS Plaintiffs' Motion to Remand be GRANTED.”
“it is ORDERED that the Motion to Strike is DENIED ... affidavits are not pleadings, and thus not subject to Rule 12(f).”
“the undersigned finds that Hemphill has not met his burden of demonstrating Weststar's proffered legitimate, non-discriminatory reason is pretextual or unworthy of credence, or that Weststar possessed mixed motives in firing Hemphill. Accordingly, the undersigned RECOMMENDS that Weststar's Motion for Summary Judgment be GRANTED as to Hemphill's claims under the Title VII of the Civil Rights Act of 1964 ... For the reasons stated above, the undersigned RECOMMENDS that Weststar's Motion for Summary Judgment be GRANTED on all claims. (Doc. 12).”
“After due consideration, the undersigned RECOMMENDS that Villegas's Motion to Dismiss be DENIED. (Doc. 6). Additionally, the undersigned RECOMMENDS that Villegas's Motion for Judgment be DENIED. (Doc. 6).”
“After due consideration, the undersigned RECOMMENDS that Defendants' Motion for MDS be GRANTED IN PART and DENIED IN PART. (Doc. 10). Additionally, the undersigned RECOMMENDS that Defendants' Second Motion to Dismiss be GRANTED. (Doc. 10).”
“the undersigned RECOMMENDS that Defendants' Motion for MDS be GRANTED IN PART and DENIED IN PART. (Doc. 10).”
“This case is before the undersigned United States Magistrate Judge through a standing order of referral pursuant to 28 U.S.C. 636, and Appendix C of the Local Court Rules for the Assignment of Duties to United States Magistrate Judges. After due consideration, the undersigned RECOMMENDS that Villalobos's Motion to Remand be GRANTED. (Doc. 6).”
“BEFORE THE COURT is the United States of America's Motion for Destruction of Evidence (hereafter, ‘Motion for Destruction’). (Doc. 109). This case is before the undersigned United States Magistrate Judge through a standing order of referral pursuant to 28 U.S.C. 636, and Appendix C of the Local Court Rules for the Assignment of Duties to United States Magistrate Judges. After due consideration, the Motion for Destruction shall be GRANTED IN PART. (Doc. 109).”
“BEFORE THE COURT is Movant Juan Ricardo Martinez's (‘Movant’) Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255 (‘2255’). (Doc. 98). This matter is before the undersigned Magistrate Judge through a standing order of referral pursuant to 28 U.S.C. 636 and Appendix C of the Local Rules for the Assignment of Duties to United States Magistrate Judges. After due consideration, the Court RECOMMENDS the Motion be DENIED. (Doc. 98).”
“BEFORE THE COURT is Plaintiff Sergio Tijerina-Salazar's (‘Plaintiff’) Third Opposed Motion to Compel Written Discovery from Defendant Fermin Venegas, III (hereafter, ‘Third Motion to Compel’). (Doc. 133). This case is before the undersigned through an Order pursuant to 28 U.S.C. 636 and Appendix C of the Local Court Rules for the Assignment of Duties to United States Magistrate Judges. After due consideration, the Third Motion to Compel shall be GRANTED IN PART and DENIED IN PART. (Doc. 133).”
Put Judge Fannin's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Fannin actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Fannin's own signed orders and cites them.