14-JP-1-KS (Judge Swank); 14-JP-2-KS (Judge Swank); 14-JP-3-KS (Judge Swank)

=== 14-JP-1-KS (Judge Swank) ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA IN RE: FILING OF TEXT-SEARCHABLE ADMINISTRATIVE RECORDS IN SOCIAL SECURITY APPEALS JUDICIAL PREFERENCE ORDER The undersigned finds that judicial economy and efficiency would be substantially enhanced in Social Security appeals before her by having available in the court’s docket a text- searchable1 copy of the certified transcript of the record of administrative proceedings (“administrative record”). IT IS, THEREFORE, ORDERED as follows: 1. The Commissioner (or Acting Commissioner) of Social Security shall file a text- searchable copy of the administrative record in every Social Security appeal, pursuant to 42 U.S.C. § 405(g) or § 1383(c)(3), that is reassigned to the undersigned for entry of judgment with the consent of the parties pursuant to 28 U.S.C. § 636(c) (“reassigned appeals”) or in which one or more motions for judgment on the pleadings, motions for summary judgment, motions for remand, or other potentially dispositive motions are referred to the undersigned by the presiding district judge for a memorandum and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) (“referred appeals”). To the extent practicable, the text-searchable copy of the transcript shall be filed in a single docket entry. 1For the purposes of this order, the term “text-searchable” does not apply to portions of documents that are handwritten and are unable to be converted to searchable text via an optical character recognition (i.e., “OCR”) program. 14-JP-1-KS 2. In appeals pending before the undersigned on the date of this Order, whether by reassignment of the appeal or by referral of one or more potentially dispositive motions, the Commissioner shall file the text-searchable copy of the transcript within twenty-one (21) days of the date of this order. In such appeals, the clerk shall docket and serve a text-only notice on the parties in each appeal within three (3) days after the date of this order. 3. In appeals coming before the undersigned after the date of this order, the text- searchable copy of the transcript shall be filed by whichever one of the following deadlines applies: (i) in reassigned appeals, within fourteen (14) days after the entry of the order of reassignment or seventy-five days after the date the appeal is filed, whichever is later; or (ii) in referred appeals, within fourteen (14) days after entry of the initial order or clerk’s docket entry referring the matter to the undersigned. In appeals subject to this paragraph, the clerk shall docket and serve a text-only notice on the parties on either (i) the date of entry of the order reassigning the appeal; or (ii) the date of entry of the initial order or clerk’s docket entry referring the matter to the undersigned, whichever is applicable. SO ORDERED, this 7th day of May 2014. _________________________________ KIMBERLY A. SWANK United States Magistrate Judge 2

=== 14-JP-2-KS (Judge Swank) ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA 14-JP-1-JG 14-JP-1-RJ 14-JP-2-KS FILED SEP 3 o 20 14 ~~LIA ft~ evu""""~-~~· ... ~~r~~-\!t IN RE: PROCEDURES FOR HANDLING CASES CHARGING MISDEMEANOR OFFENSES AT THE FORT BRAGG MILITARY RESERVATION, DEPARTMENT OF VETERANS AFFAIRS FAYETTEVILLE MEDICAL CENTER, AND MILITARY OCEAN TERMINAL SUNNY POINT CONSOLIDATED JUDICIAL PREFERENCE ORDER For the reasons specified, the following provisions shall apply to cases coming before the undersigned charging misdemeanor offenses at the Fort Bragg Military Reservation, Department of Veterans Affairs Fayetteville Medical Center, and Military Ocean Terminal Sunny Point: 1. To facilitate determination of the need for and performance of the calculation provided for under the Speedy Trial Act, 18 U.S.C. § 3161, all criminal informations charging the assimilated offense of impaired driving under N.C. Gen. Stat.§ 20-138.1 shall specify ifthe government seeks Level One or Level Two punishment under N.C. Gen. Stat.§ 20-179. 2. To promote the efficient disposition of cases: a. No more than six continuances will be allowed a defendant without the defendant's counsel or, if pro se, the defendant personally demonstrating to the court's satisfaction at a hearing that exceptional circumstances warrant a further continuance. b. In all cases in which a defendant pleads not guilty, the trial will be held before the magistrate judge taking the plea at the courthouse where the magistrate judge is stationed or such other location as the magistrate judge designates on a date the magistrate judge sets, which will typically be within 30 days of the plea. 3. The court will accept a waiver of appearance of a defendant pleading guilty to an offense for which supervision of the defendant by the United States Probation Office may be imposed as part of a sentence only if: a. the waiver is accompanied by a written statement containing the current address for the defendant and the certification of the defendant's counsel that such counsel has confirmed within seven days of the plea that the address provided is accurate; and b. (i) the defendant lives outside the Fayetteville area or (ii) the defendant lives in the Fayetteville area, but makes a showing satisfactory to the court that exceptional circumstances justify the defendant's not appearing. 4. The court reserves the discretion to vary from the provisions herein as it deems appropriate. SO ORDERED, this 30th day of September 2014. R~!::::~ United States Magistrate Judge Kimberly A. S United States Magistrate Judge 2

=== 14-JP-3-KS (Judge Swank) ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA 14-JP-2-JG 14-JP-2-RJ 14-JP-3-KS FILED SEP 3 0 2014 JU~HAR°StCLERK USO ~R ,EDNC DEPCU< BY INRE: PENAL TY SHEETS CONSOLIDATED JUDICIAL PREFERENCE ORDER The undersigned find that in penalty sheets submitted by the United States Attorney's Office in this district ("USAO") citation to the specific statutory provisions authorizing each penalty listed would further the efficient resolution of cases by, among other means, promoting accuracy in the penalty sheets and facilitating preparation for arraignments. IT IS THEREFORE ORDERED as follows: In all criminal cases coming before the undersigned, whether for initial appearances, detention hearings, arraignments, or other proceedings, the penalty sheets submitted by the USAO shall state for each penalty listed, including but not limited to the term of imprisonment, fine, period of supervised release, and period of imprisonment upon revocation of supervised release, the specific statutory provisions (including all applicable subparts) authorizing such penalty. SO ORDERED, this 30th day of September 2014. J~ Rf;~ United States Magistrate Judge United States Magistrate Judge