Benjamin W. Cheesbro
How Judge Cheesbro rules, drawn from 11 signed orders. Every observation links to the order it came from.
About Judge Cheesbro
Benjamin W. Cheesbro became a United States Magistrate Judge for the Southern District of Georgia in September 2018 and sits in Brunswick. He previously clerked for District Judge Lisa Godbey Wood and practiced business litigation in Atlanta. He earned his law degree from the University of Georgia School of Law.
Judge Cheesbro's practices and standing orders
The court's website lists no individual practices or standing orders of Judge Cheesbro's own (checked October 9, 2026), so the court's local rules and general orders are the place to look (court page ↗).
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 9, 2026).
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 Smith v. Kijakazi, he affirmed a disability-benefits denial because the claimant had not shown that the Social Security Commissioner's unconstitutional removal protection caused him compensable harm.
“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
In Thomas v. Evans, Cheesbro dismissed a self-represented plaintiff’s complaint without prejudice after the plaintiff missed a warned deadline to return financial forms. The order distinguished that disposition from dismissal with prejudice, which requires a stronger showing.
“For the above-stated reasons, I DISMISS without prejudice Plaintiff’s Complaint for failure to follow this Court’s Order and failure to prosecute and DIRECT the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal.”
In Davis v. Danforth, Cheesbro dismissed a prisoner's complaint at screening because it did not allege how two named officials personally participated in the claimed constitutional violation.
“Plaintiff fails to explain how Defendants Danforth and Stone were involved in any violations of his constitutional rights.”
In Green v. Camarillo, he resolved disputed facts about administrative exhaustion and dismissed the prisoner's claims without prejudice after finding the available remedies had not been exhausted.
“After considering the entire record, and resolving any factual disputes, I conclude Plaintiff failed to exhaust his administrative remedies.”
In a 2026 insurance case, he refused an expert designation filed nine months after the disclosure deadline, after discovery had closed and the opponent had lost the chance to investigate the proposed testimony.
“Allowing such a late expert disclosure would be plainly prejudicial.”
Cautions
In Mena v. DeSantis, he dismissed claims without prejudice after the plaintiff failed to serve defendants properly. In discussing dismissal on the court's own motion, he cited the requirement of fair notice or an opportunity to respond.
“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.'”
In Minnis v. Dudek, he dismissed a disability-benefits action filed more than eight months after the review deadline, finding no basis to toll the limitations period.
“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.”
“I DENY Plaintiffs’ Motion for Leave to Designate Josiah Davis as Non-Retained Expert Witness. Doc. 162.”
“I DENY as moot Defendant’s Motion to Exclude the Second Declaration of Josiah Davis. Doc. 167.”
“For the foregoing reasons, the Court GRANTS in part and DENIES in part Defendant’s Motion to Exclude.”
“For the foregoing reasons, the Court GRANTS in part and DENIES in part Defendant’s Motion to Exclude.”
“For the foregoing reasons, the Court GRANTS in part and DENIES in part Defendant’s Motion to Exclude.”
“As to Emily Davis’s declaration, doc. 119, the Court SUSTAINS Defendant’s evidentiary objections to paragraphs 3, 9, 16, 26, and 28. The Court OVERRULES Defendant’s evidentiary objections to paragraphs 2, 4, 12–14, 23, 26, 28, 30, 31, 35–36, 37, and 39.”
“As to Josiah Davis’s second declaration, doc. 145-2, the Court SUSTAINS Defendant’s Objections to paragraphs 17, 78, and 79. The Court OVERRULES Defendant’s Objection to paragraphs 1–16 and 18–77.”
“As to Jim Gagliardi’s second declaration, doc. 145-5, the Court OVERRULES Defendant’s Objection.”
“Upon consideration, the Court GRANTS Defendant’s Motion. The Court reverses the decision of the Commissioner and remands this cause to the Commissioner.”
“I, therefore, GRANT Plaintiff’s Motion and award attorney’s fees in the amount of $4,235.12.”
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.
Pending matters in the official report
Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.
| Motions pending more than six months | 0 |
| Bench trials submitted more than six months | 0 |
| Bankruptcy appeals pending more than six months | 0 |
| Social Security appeals pending more than six months | 0 |
| Civil cases pending more than three years | 0 |
| Report | Motions over six months | Cases over three years |
|---|---|---|
| Mar 2026 | 0 | 0 |
| Sep 2025 | 0 | 0 |
| Mar 2025 | 0 | 0 |
| Sep 2024 | 0 | 0 |
| Mar 2024 | 0 | 0 |
| Sep 2023 | 0 | 0 |
| Mar 2023 | 0 | 0 |
| Sep 2022 | 0 | 0 |
| Mar 2022 | 0 | 0 |
| Sep 2021 | 0 | 0 |
| Mar 2021 | 0 | 0 |
| Sep 2020 | 0 | 0 |
A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.
How long civil cases take in this court
For the whole of United States District Court for the Southern District of Georgia, not for Judge Cheesbro: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.
| Cases | Median time | |
|---|---|---|
| All civil cases closed | 558 | 7.6 months |
| Closed with no court action | 29 | 5 months |
| Closed before pretrial | 523 | 7.7 months |
| Closed during or after pretrial | 2 | not reported |
| Closed during trial | 4 | not reported |
| 12 months ending | Cases closed | Median time |
|---|---|---|
| Sep 2025 | 558 | 7.6 months |
| Sep 2024 | 565 | 6.8 months |
| Sep 2023 | 563 | 7 months |
| Sep 2022 | 551 | 10.6 months |
| Sep 2021 | 532 | 8.9 months |
| Sep 2020 | 526 | 8.9 months |
| Sep 2019 | 533 | 8.8 months |
The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).
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