Charles J. Kahn, Jr.
How Judge Kahn decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On federal habeas petitions he enforces the AEDPA gatekeeping rules at the threshold and resolves the case on those grounds without reaching the merits: an unauthorized second-or-successive petition is dismissed for lack of jurisdiction, a petition that no longer presents a live controversy is dismissed as moot, and an out-of-time petition is dismissed as untimely.
“the petition is an unauthorized "second or successive" habeas corpus application under 28 U.S.C. § 2244(b)(3)(A); that petitioner failed to obtain the requisite authorization before filing this petition; and that this case should be dismissed for lack of jurisdiction.”
When screening a pro se prisoner complaint he follows the Eleventh Circuit rule of allowing at least one opportunity to amend before dismissing, but he recommends dismissal once a deficiency is incurable -- and dismissal with prejudice where the plaintiff has already amended and still fails to state a claim.
“Generally, "a district court must grant a plaintiff at least one opportunity to amend their claims before dismissing them if it appears a more carefully drafted complaint might state a claim upon which relief can be granted even if the plaintiff never seeks leave to amend."”
For statutory fee entitlement, he looks past a nominal dismissal without prejudice to whether the plaintiff could actually refile successfully. He may treat the defendant as prevailing when independent legal barriers make a renewed claim impossible, while rejecting alternative fee theories that do not fit the pleaded action.
“despite the dismissal without prejudice, I have found that BoNYM is the prevailing party because Eaton could not refile successfully.”
Cautions
He screens prisoner civil-rights complaints claim by claim and defendant by defendant. When only part of a complaint is deficient, he recommends dismissal of those claims while allowing a viable claim to proceed to service.
“It appears that service on the third defendant, unknown medical staff at Centurion Health Care Provider ("Centurion"), is appropriate.”
He applies the Iqbal plausibility standard rigorously on screening, declining to credit conclusory allegations of constitutional or statutory violations even across multiple amended complaints.
“plaintiff fails to state a plausible claim under the ADA, the Fourteenth Amendment, the Eighth Amendment, or the First Amendment. Therefore, this case should be dismissed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“That respondent's motion to dismiss (doc. 15) be GRANTED. That the petition for writ of habeas corpus (doc. 1) ... be DISMISSED for lack of jurisdiction, as an unauthorized second or successive habeas corpus application.”
“That respondent's motion to dismiss (doc. 16) be GRANTED. That the amended petition for writ of habeas corpus (doc. 6) be DISMISSED as moot.”
“That respondent's motion to dismiss (doc. 16) be GRANTED. That the petition for writ of habeas corpus (doc. 1) ... be DISMISSED WITH PREJUDICE.”
“That this case be DISMISSED WITHOUT PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii) due to plaintiff's failure to state a claim on which relief may be granted.”
“That plaintiff's claims against Tallahassee Memorial Hospital and Julie Jones be DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B) for plaintiff's failure to state a claim upon which relief can be granted. That the clerk of court be directed to update the docket to reflect the sole remaining defendant, Unknown Medical Staff at Centurion Health Care Provider.”
“That this case be DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii), for plaintiff's failure to state a claim upon which relief may be granted.”
A Rule 11 Report and Recommendation concerning a guilty plea rather than a party motion. After a plea colloquy, Kahn found the defendant's plea to a thirty-seven-count indictment knowing and voluntary with an independent factual basis, and recommended that the plea be accepted and the defendant adjudicated guilty. Grounding quote in notes.
“That the court GRANT Defendant “BoNYM’s Motion for Entitlement to Attorneys’ Fees” (ECF No. 46), for the reasons set out herein.”
Caseload & timing
From public federal docket records for this judge.
From 2011 through 2018, Judge Kahn's assigned civil docket was dominated by consent Social Security disability appeals, with additional ADA, employment, prisoner civil-rights, wage, copyright, contract, and property disputes. Among thirty reviewed cases, durations ranged from 72 to 1,219 days with a median near 278 days. Social Security appeals clustered more tightly, while prisoner civil-rights matters produced the longest cases, including one consent jury trial.
Put Judge Kahn's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Kahn actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Kahn's own signed orders and cites them.