United States District Court, W.D. North Carolina
IN RE: ALLOCATION OF CHARLOTTE DIVISION CASES AND ASSIGNMENT OF FOLLOWING PRELIMINARY MATTERS
following case assignment allocations will be applied in the
Charlotte Division and supersede all other prior orders as
they relate to the Charlotte Division. These case assignment
allocations are effective September 1, 2017.
grand jury returns, information, and Rule 20 Transfer in
cases filed in the Charlotte Division shall be assigned
equally to Chief Judge Whitney, Judge Conrad and Judge
a) Any criminal case in which Chief Judge Whitney has a
conflict shall first be reassigned to Judge Cogburn, then to
Judge Conrad, and then to Judge Reidinger.
b) Any criminal case in which Judge Conrad has a conflict
shall first be reassigned to Judge Cogburn, and then to Chief
Judge Whitney, and then to Judge Reidinger.
c) Any criminal case in which Judge Cogburn has a conflict
shall first be reassigned to Judge Conrad, then to Chief
Judge Whitney, and then to Judge Reidinger. Any criminal case
filed in any division of this Court may be assigned by the
Chief Judge to a senior judge of this Court with consent of
the senior judge
violation proceedings or supplemental filings in criminal
cases in which Judge Reidinger, Judge Voorhees, Judge
McKnight, or Judge Potter was the presiding judge shall be
assigned equally to Judge Cogburn, Chief Judge Whitney and
Civil cases, except for death penalty cases, prisoner cases
and social security cases, which are the subject of separate
orders or other provisions herein, shall be randomly assigned
to Chief Judge Whitney, Judge Conrad, Judge Cogburn, and
Senior Judge Mullen, such that Chief Judge Whitney, Judge
Conrad and Senior Judge Mullen each receive 2/7 of such cases
and Judge Cogburn receives 1/7 of such cases. When any judge
in the Charlotte Division has a conflict on a civil case the
case is first to be reassigned to Judge Cogburn and then to
the next available judge in the Charlotte Division not having
a conflict with the case. Any case in which all of the
Charlotte Division draw judges and Judge Cogburn have
conflicts shall be assigned to Judge Reidinger taking into
consideration any potential conflicts.
"Prisoner cases" (cases in which the plaintiff is a
former criminal defendant relating to his conviction,
including those alleging claims pursuant to 28 U.S.C.
§§ 2255, 2241, 1651, audita querella or corum
nobis, but not those identified below in Paragraph 6) shall
be assigned to the judge who presided over the underlying
a) If the presiding judge was a visiting judge, the action
shall be assigned to that visiting judge. If the visiting
judge requests that the motion be reassigned or is otherwise
unavailable, it shall be reassigned according to the district
b) If the presiding judge was Judge Voorhees, Judge McKnight
or Judge Potter, the matter shall be equally assigned between
Judge Cogburn, Chief Judge Whitney, and Judge Conrad.
criminal case that is remanded for further proceedings
pursuant to a mandate of the U.S. Court of Appeals for the
Fourth Circuit in which Judge Voorhees, Judge McKnight or
Judge Potter was the presiding judge shall be equally
assigned between Judge Cogburn, Chief Judge Whitney and Judge
Conrad. If the matter on remand is a civil action then Senior
Judge Mullen would be third in this re-assignment sequence.
prisoner pro se cases filed pursuant to 42 U.S.C. § 1983
and 28 U.S.C. § 2254 (non-death penalty cases) shall be
assigned to Chief Judge Whitney, who shall supervise all pro
se law clerks until further notice.
Allocation of death penalty cases is addressed by separate
Non-consent civil cases, with the exception of social
security cases referred to Charlotte Division magistrate
judges by docket number for all pretrial proceedings and in
accordance with any standing Orders of reference issued by a
district judge. Consent cases will be handled by Charlotte
Division magistrate judges for all purposes and in all
respects. The general division of cases between magistrate
judges shall be according to docket number with ...