Brian K. Epps
How Judge Epps rules, drawn from 4 signed orders. Every observation links to the order it came from.
How Judge Epps decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Faced with a pro se plaintiff's request to appear for a deposition by videoconference from abroad rather than in person, Epps held the parties to the ordinary in-person deposition rule despite the inconvenience, and the district judge affirmed that call on appeal.
“ORDER Denying Plaintiff's 54 Motion for permission to sit for his deposition by videoconference from China rather than appearing in-person within the Southern District of Georgia, made pursuant to Fed. R. Civ. P. 30(b)(4).”
On review of a disability-benefits denial, requires a clear, reviewable explanation linking the evidence about mental impairments to the residual functional capacity, especially when the claimant's past work is skilled.
“the Court finds the ALJ failed to provide the requisite ‘sufficient rationale linking the record evidence to the RFC determination.’”
Procedural preferences
In pro se and prisoner cases, Epps screens the complaint promptly (a matter of weeks) and, where it fails to state a claim, recommends dismissal without prejudice rather than with prejudice, leaving the door open to a properly pleaded refiling.
“REPORT AND RECOMMENDATIONS that this case be DISMISSED without prejudice and CLOSED.”
When a party supplies the missing paperwork after an initial recommendation of dismissal, Epps will vacate his own recommendation rather than let it proceed to the district judge, correcting course quickly instead of standing on the earlier filing gap.
“ORDER vacating 4 Report and Recommendations.; granting 6 Motion for Leave to Proceed in forma pauperis.”
Cautions
Epps enforces the court's mediation and scheduling practices closely; motions to compel and for protective orders in his referred discovery disputes are typically decided within one to two weeks, so parties should expect prompt rulings rather than a long wait.
“ORDER granting in part 25 Motion for a Qualified Protective Order. Defendants are ordered to submit a proposed order in accordance with the terms set forth herein within 14 days of the date of this order.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
A state habeas petition under 28 U.S.C. 2254 was filed in the Southern District of Georgia's Dublin Division challenging a Middle District of Georgia (Thomas County) conviction. Epps transferred the case to the Middle District under this court's practice of sending such petitions to the district where the underlying conviction was obtained: "the Court ORDERS the transfer of this action to the United States District Court for the Middle District of Georgia, Valdosta Division." An administrative order, not a ruling on a party motion.
“For the reasons stated on the record during today’s status conference, the Court GRANTS Defendants’ Motions to Compel.”
“ORDER Denying Plaintiff's 54 Motion for permission to sit for his deposition by videoconference from China rather than appearing in-person within the Southern District of Georgia, made pursuant to Fed. R. Civ. P. 30(b)(4).”
“For the reasons set forth above, pursuant to sentence four of 42 U.S.C. § 405(g), the Court REVERSES the Commissioner’s final decision and REMANDS this case to the Commissioner for further consideration in accordance with this opinion.”
Caseload & timing
From public federal docket records for this judge.
Median motion-to-ruling time: 19 days (N = 29).
- Epps is the referral magistrate on nearly every Augusta-Division civil case assigned to Chief/District Judge J.
- Randal Hall: Rule 26(f) scheduling, discovery disputes, and non-dispositive motions are almost always his, and dispositive motions in prisoner, pro se, and pretrial-detainee cases typically reach the district judge only after Epps issues a Report and Recommendation.
- His own docket (cases transferred to him directly, mostly by consent under 28 U.S.C. 636(c)) is dominated by Social Security disability appeals, with occasional insurance, contract, and diversity matters.
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