Benecia B. Moore
How Judge Moore rules, drawn from 12 signed orders. Every observation links to the order it came from.
How Judge Moore decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On Social Security appeals she applies deferential substantial-evidence review and affirms the Commissioner where the ALJ's findings are adequately supported: eight of her nine consent-docket appeals ended in affirmance.
“supported by substantial evidence on the record as a whole and affirms”
Procedural preferences
In prisoner civil-rights screening she lets a narrow set of individual-capacity claims proceed while dismissing official-capacity and unexhausted claims without prejudice for failure to state a claim.
“remaining retaliation, condition-of-confinement, and official-capacity claims are dismissed without prejudice for failure to state a claim upon which relief may be granted”
Cautions
She enforces the AEDPA one-year limitations period strictly: both merits habeas petitions she reached were dismissed with prejudice as time-barred, with no certificate of appealability, absent grounds for tolling.
“his amended petition is time-barred and must be denied and dismissed with prejudice. No Certificate of appealability shall be issued.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“MEMORANDUM OPINION AND ORDER granting 34 Defendants' Motion for Summary Judgment; and dismissing, with prejudice, Gardner's individual-capacity excessive-force claim against Officer Hecht, individual-capacity failure-to-intervene claim against Lieutenant Barnum, and official capacity claims.”
“Mr. Vann's motion for preliminary injunction and temporary restraining order is denied”
28 U.S.C. 1915A screening Partial Recommended Disposition by Magistrate Judge Moore, adopted by District Judge D.P. Marshall Jr. Two claims against one officer allowed to proceed; remaining claims dismissed without prejudice. Rules on no party motion; counted as an order read, not a motion. Grounding quote: 'ORDER adopting 5 Partial Recommendation; allowing Frazier's procedural due process and conditions-of-confinement claims against Officer Sanchez to go forward; dismissing, without prejudice, his remaining claims'.
“granting in part and denying in part 12 Motion for Status Update and Motion to Add Plaintiff”
“denying 13 Motion for Order”
“denying 15 Motion to Add Plaintiff and for Discovery”
Screening Partial Recommended Disposition by Magistrate Judge Moore, adopted after de novo review by District Judge Lee P. Rudofsky. Conditions-of-confinement claims proceed; official-capacity claims dismissed without prejudice. Order read, not a motion. Grounding quote: 'dismissing, without prejudice, Plaintiff's official-capacity claims'.
“his request for related injunctive relief is denied as moot”
“denying Defendants' 111 Motion to Strike”
“denying, without prejudice, 68 , 81 , 91 Motions for Summary Judgment”
“granting Reeves's construed and embedded 109 Motion for Subpoena”
“ORDER dismissing without prejudice as moot 1 Ross's Petition for Writ of Habeas Corpus.”
“MEMORANDUM AND ORDER dismissing, with prejudice, as time barred, 1 5 Hickey's Petition for Writ of Habeas Corpus and amendments thereto”
“denying as moot 15 Hickey's Motion to Stay the Proceedings”
“his amended petition is time-barred and must be denied and dismissed with prejudice. No Certificate of appealability shall be issued.”
“ORDER granting in part and denying in part Defendants' 38 Motion for Partial Summary Judgment”
“denying 81 Motion to Appoint Counsel”
“denying as moot Hutcherson's 32 Motion to Strike Affirmative Defense”
Caseload & timing
From public federal docket records for this judge.
- Moore's civil docket is dominated by Social Security disability appeals, pro se prisoner civil-rights suits (Eighth/Fourteenth Amendment conditions, excessive force, retaliation) under 42 U.S.C. 1983, and state and federal habeas petitions (28 U.S.C. 2254/2241); she also carries criminal-duty magistrate work (search warrants, criminal complaints, petty offenses).
- Case durations are not reported as a median because much of the assigned inventory was filed before she joined the court and reassigned to her mid-stream.
Draft for Judge Moore with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Moore, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Moore's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace