Benjamin W. Cheesbro
How Judge Cheesbro rules, drawn from 4 signed orders. Every observation links to the order it came from.
How Judge Cheesbro decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Social Security appeals he consistently rejects the argument that an unconstitutional removal restriction on the Commissioner automatically entitles a claimant to a new hearing; he requires the claimant to show the restriction actually caused compensable harm to the ALJ's decision, and treats vague or conclusory harm allegations as insufficient.
“Plaintiff fails to show how the unconstitutional removal clause harmed him in any way, other than vague allegations about of the Commissioner's effect on the disability adjudication process and a general lack of due process.”
Procedural preferences
Uses a consistent, well-warned process for pro se and prisoner plaintiffs who fail to prosecute or follow orders: he warns that missing a filing deadline will result in dismissal and, when no response follows, dismisses without prejudice while reserving dismissal with prejudice for a clear record of delay or willful contempt.
“It is true dismissal with prejudice for failure to prosecute is a ‘sanction . . . to be utilized only in extreme situations’ and requires a court to ‘(1) conclud[e] a clear record of delay or willful contempt exists; and (2) mak[e] an implicit or explicit finding that lesser sanctions would not suffice.’”
At initial Section 1915A screening he dismisses supervisory-liability claims against prison officials where the complaint alleges only their administrative role and no personal participation or causal connection to the alleged violation: a recurring, almost formulaic basis across his prisoner-suit dismissals.
“Plaintiff fails to explain how Defendants Danforth and Stone were involved in any violations of his constitutional rights.”
On a defendant's motion to dismiss for failure to exhaust PLRA administrative remedies, he applies the Eleventh Circuit's two-step Turner framework rigorously, including making his own factual findings at step two when the parties' accounts conflict, rather than treating any factual dispute as automatically requiring discovery or a jury.
“After considering the entire record, and resolving any factual disputes, I conclude Plaintiff failed to exhaust his administrative remedies.”
Cautions
A district court's Rule 4(m)/inherent-authority dismissal must still give the litigant fair notice and a chance to respond before the court acts on its own motion; he builds this into his own dismissal orders as a matter of course, even where the underlying rule (as in Rule 41(b)) would not strictly require it.
“A 'district court can only dismiss an action on its own motion as long as the procedure employed is fair . . . . To employ fair procedure, a district court must generally provide the plaintiff with notice of its intent to dismiss or an opportunity to respond.'”
Enforces the 60-day deadline for judicial review of a disability-benefits decision and construes equitable tolling narrowly; chronic health concerns and earlier dismissed suits did not excuse a filing made more than eight months late.
“Because Plaintiff filed the Complaint over eight months after the limitations period closed, the action is untimely.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
A pro se prisoner's Section 1983 complaint about events in Forsyth County was screened and, on the court's own motion, transferred for improper venue to the Gainesville Division of the Northern District of Georgia under 28 U.S.C. Sec. 1406(a). The venue transfer did not resolve a party motion and illustrates the judge's screening practice.
“For the following reasons, the Court AFFIRMS the Commissioner's decision. Additionally, the Court DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal.”
“I GRANT Defendants' Motion to Dismiss, DISMISS without prejudice Plaintiff's Complaint in its entirety, DIRECT the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal, and DENY Plaintiff leave to proceed in forma pauperis on appeal.”
“For the foregoing reasons, I GRANT Defendant’s Motion to Dismiss, DISMISS with prejudice Plaintiff’s claims against Defendant, and DIRECT the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal.”
“I DENY as moot Plaintiff’s Motion for Leave to Proceed in Forma Pauperis in this Court. Doc. 2.”
Caseload & timing
From public federal docket records for this judge.
- Judge Cheesbro's enumerated consent civil docket is dominated by Social Security disability appeals (NOS 863/864 DIWC/DIWW/SSID) and prisoner Sec. 1983 civil-rights suits from Georgia state and federal facilities in the Brunswick/Waycross Divisions, with occasional habeas petitions (28 U.S.C.
- Sec. 2254), FTCA claims, and a heavy stream of criminal-magistrate matters (initial appearances, seizure warrants, forfeiture actions) that do not appear in this civil sample.
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