14-JP-1-RN (Judge Numbers); 14-JP-2-RN (Judge Numbers); 14-JP-3-RN (Judge Numbers); 20-JP-3-RN (Judge Numbers); 21-JP-1-RN (Judge Numbers)

=== 14-JP-1-RN (Judge Numbers) ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA 14-JP-1-RN FILED DEC 1 0 2014 JULl~HARDSa.. CLERK r COOR 1, EONC US DIS r• DEPCU< BY 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 if the 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 10th day of December 2014. s/ Robert T. Numbers, II Robert T. Numbers, II United States Magistrate Judge 2

=== 14-JP-2-RN (Judge Numbers) ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA 14-JP-2-RN FILED DEC 1 0 2014 INRE: PENAL TY SHEETS CONSOLIDATED JUDICIAL PREFERENCE ORDER The undersigned finds 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 10th day of December 2014. s/ Robert T. Numbers, II Robert T. Numbers, II United States Magistrate Judge

=== 14-JP-3-RN (Judge Numbers) ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA 14-JP-3-RN FILED DEC 1 0 2014 JULIE A. RfCHARos CLERK B US Ol~OURT, EONC > ~ OEP CU( y INRE: FILING OF TEXT SEARCHABLE TRANSCRIPTS IN SOCIAL SECURITY APPEALS JUDICIAL PREFERENCE ORDER The undersigned finds that judicial economy and efficiency would be substantially enhanced in Social Security appeals before him by having available in the court's docket a text searchable 1 copy of the transcript of administrative proceedings ("transcript"). Ideally, the certified copy of the transcript would be text searchable. In the event it is not, the procedures below ensure the availability of a text searchable transcript by requiring the Commissioner of Social Security ("Commissioner")2 to file a separate, text searchable copy. IT IS THEREFORE ORDERED as follows: 1. The Commissioner shall file a text searchable copy of the transcript 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) or in which a motion for judgment on the pleadings or any other potentially dispositive motion is referred to the undersigned by the presiding district judge for a memorandum and recommendation pursuant to 28 U.S.C. § 636(b)(l)(B) in which the certified copy of the transcript filed or to be filed is not text searchable. To the extent practicable, the Commissioner shall file the text searchable copy of the transcript in a single docket entry. The Commissioner may file the text searchable copy of the transcript under seal as well as ex parte without further 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. 2 This term includes any Acting Commissioner. order of the court, provided that if the text searchable copy of the transcript is filed ex parte the Commissioner shall contemporaneously with such filing serve written notice thereof on the plaintiff. 2. In appeals that are reassigned to the undersigned with the consent of the parties pursuant to 28 U.S.C. § 636(c), the Commissioner shall file the text searchable copy of the transcript by the following applicable date: a. If the certified copy of the transcript has not yet been filed when the order reassigning the case to the undersigned is entered, the Commissioner shall file the text searchable copy of the transcript contemporaneously with the filing of the certified copy of the transcript. b. If the certified copy of the transcript has already been filed when the order reassigning the appeal to the undersigned is entered, the Commissioner shall file the text searchable copy of the transcript within 14 days after entry of the order of reassignment. 3. In appeals in which a potentially dispositive motion is referred to the undersigned by the presiding district judge pursuant to 28 U.S.C. § 636(b)(l)(B), the Commissioner shall file the text searchable copy of the transcript within 14 days after entry of the order or clerk' s docket entry providing for the referral. 4. In appeals pending before the undersigned (i.e. , before him for decision under 28 U.S.C. § 636(c) or a memorandum and recommendation under 28 U.S.C. § 636(b)(l)(B on the date of this Order, the Commissioner shall file the text searchable copy of the transcript within 14 days after the date of this Order or the deadline otherwise provided herein, whichever is later. 2 5. This Order applies to all Social Security appeals pending before the undersigned as of the date of this Order. 6. This Order applies to Social Security appeals whether they are from denial of an application for a period of disability and disability benefits under Title II of the Social Security Act or an application for Supplemental Security Income under Title XVI of the Act. 7. The Clerk shall serve this Order or notice thereof on each party in a Social Security appeal pending before the undersigned as follows: a. In appeals pending before the undersigned on the date of this Order, the Clerk shall serve this Order on the date thereof. b. In appeals that are reassigned or referred to the undersigned after entry of this Order, the Clerk shall serve notice of this Order on the date of entry of the order reassigning the appeal to the undersigned pursuant to 28 U.S.C. § 636( c) or the date of entry of the order or docket entry providing for referral of a potentially dispositive motion to the undersigned pursuant to 28 U.S.C. § 636(b)(l)(B), whichever is applicable. SO ORDERED, this 10th day of December 2014. s/ Robert T. Numbers, II Robert T. Numbers, II United States Magistrate Judge 3

=== 20-JP-3-RN (Judge Numbers) ===

3. The United States Marshal, his Deputies, the Court Security Officers, or a designated contractor, will enforce the terms of Paragraphs 1 and 2. 4. The Clerk of Court will provide for an alternative location within the courthouse where members of the public can watch or listen to the proceedings. 5. For cases that have their initial appearances after the entry of this order, the following provisions will apply: a. Initial appearances will take place via videoconference or teleconference, if videoconference technology is not reasonably available, from the location where the defendant is being held. If the facility where the defendant is being held does not have the capability for videoconference or teleconference, the defendant shall be brought to a United States Marshal facility. The court will discuss the defendant’s option to have an in-person proceeding at the conclusion of the initial appearance. b. Detention hearings, preliminary hearings, and identity hearings also will be scheduled to take place by videoconference. i. No later than noon on the day before the scheduled hearing, defense counsel must, after consulting with their client, inform the case manager whether the defendant has consented to go forward with these proceedings by videoconference. If defense counsel has been unable to consult with their client by this deadline, they should alert the case manager of that fact. 1. The Clerk of Court will enter a text order on the docket reminding counsel of this obligation after the initial appearance. 2. If the case is referred out to a panel attorney, the Federal Public Defender will inform the appointed panel counsel of this obligation at the time of their appointment. ii. If defense counsel does not notify the court by the deadline that the defendant wishes to have an in-person hearing, the defendant may not be brought to the courthouse if there are videoconference capabilities where the defendant is being held. iii. The United States must present evidence and information by written or oral proffer. But the court will permit the United States to call live witnesses when it can show that exceptional circumstances require it. In addition to an overview of the evidence supporting the charges against the defendant, the United States is encouraged to provide the following information that is frequently requested by defense counsel: 1. Whether there is any audio or video recordings of the alleged offense and whether the defendant can be seen or heard in the recording. 2 2. Whether any informants, sources, or cooperating defendants received or were promised any benefits in return for providing information. 3. Whether any controlled substances that underlie a charge have been field tested or lab tested and the results. 4. Whether any firearms have been tested for fingerprints or DNA and the results of the test. 5. If the case involves a vehicle stop, the basis for the stop. 6. If the case involves evidence obtained from a search, the basis of the search. 7. If the case involves statements made by the defendant, the nature of the statement and whether the defendant received his Miranda warnings and waived his right to remain silent prior to making the statement. If an exception to Miranda applies (such as a spontaneous statement), that information should be part of the proffer as well. iv. Defendants are strongly encouraged to present evidence and information by proffer. But, as required by 18 U.S.C. § 3142(f), during a detention hearing Judge Numbers will allow the defendant to testify, present witnesses, and cross-examine witnesses who appear at the hearing. v. If defense counsel wishes to present a third-party custodian by proffer, the proffer should include the information listed below. A fillable affidavit will be available on the court’s website that can be used in lieu of a proffer. 1. The proposed third-party custodian’s relationship to the defendant. 2. How long the proposed third-party custodian has known the defendant. 3. The proposed third-party custodian’s address. 4. How often the proposed third-party custodian has interacted with the defendant over the last several months. 5. A confirmation that the proposed third-party custodian is aware of the nature of the charges against the defendant. 6. A confirmation that the proposed third-party custodian is generally aware of the defendant’s prior criminal history. 3 7. A confirmation that the proposed third-party custodian is aware of their responsibilities as a third-party custodian. 8. The proposed third-party custodian’s criminal history. 9. The number, identity, and age of all people who will live in the proposed third-party custodian’s home with the defendant. 10. The proposed third-party custodian’s work schedule. 11. Whether there are firearms in the proposed third-party custodian’s home and whether they are willing to remove them from the home. 12. Whether there are narcotics or controlled substances in the proposed third-party custodian’s home and whether they are willing to remove or secure them. 13. Whether the proposed third-party custodian has a land-line telephone in the home or is willing to have one installed. vi. Regardless of how their information will be presented, the proposed-third- party custodian should attend the detention hearing in person. But if the proposed-third-party custodian’s health conditions make personal attendance unwise, they may attend by video or telephone (if video is unavailable). Defense counsel should notify the Clerk of Court and the attorney for the United States as soon as possible if the proposed-third-party custodian will appear by video or telephone. c. If a defendant wishes to waive their detention hearing, preliminary hearing, or identity hearing, Judge Numbers will accept a waiver form that is signed only by defense counsel. A copy of an acceptable waiver form will be found the court’s website. d. Judge Numbers will accept financial affidavits that are signed by defense counsel on the defendant’s behalf. 6. This order shall remain in effect until one of the following events occurs: a. It is terminated by a subsequent order; b. The court terminates all standing orders authorizing the use of videoconference and teleconference technology during preliminary criminal proceedings due to COVID- 19-related concerns. See, e.g., Standing Orders 20-SO-7 & 20-SO-9; c. The Judicial Conference finds that the emergency conditions based on the national emergency declared by the President no longer materially affect the functioning of this court or the functioning of the courts generally; or 4 d. 30 days have passed since the termination of the President’s national emergency declaration under National Emergencies Act with respect to COVID–19. 7. If any aspect of this order conflicts with a Standing Order issued by the court or an order entered by a district judge presiding over a case, the provisions of those orders will control. 8. The court reminds persons granted remote access to proceedings of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may lead to sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Dated: ROBERT T. NUMBERS, II UNITED STATES MAGISTRATE JUDGE 5 Dated: ______________________________________ Robert T. Numbers, II United States Magistrate Judge December 11, 2020

=== 21-JP-1-RN (Judge Numbers) ===

FILED UNITED STATES DISTRICT COURT APR - 6 2021 EASTERN DISTRICT OF NORTH CAROLINA arth i tases, oe No. 21-JP-1-RN Us DISTRIg COURT, EDNC In Re: Procedures of United States BY SOS Ee. werk Magistrate Judge Robert T. Numbers, II for Handling Cases Charging Misdemeanor Offenses at the Fort Judicial Preference Order Bragg Military Reservation & Department of Veterans Affairs Fayetteville Medical Center. To promote the efficient disposition of cases, these provisions will apply to matters related to misdemeanor offenses at the Fort Bragg Military Reservation and Department of Veterans Affairs Fayetteville Medical Center that come before United States Magistrate Judge Robert T. Numbers II: I. Motions to Continue Without extenuating circumstances, any requests to continue a scheduled court date must be filed no later than one week before the scheduled court date. Judge Numbers is unlikely to rule on motions to continue that are not filed by this deadline before the scheduled court date. Until the court grants a motion to continue, both the defendant and defense counsel are expected to be present at the scheduled time. If a defendant is not present as required, the court may impose sanctions on defendant, defense counsel, or both. The sanctions may include issuing a warrant for the defendant’s arrest for failure to appear. II. Interaction with Other Orders This Judicial Preference Order supersedes any other orders by Judge Numbers on the same topic about the handling of cases related to misdemeanor offenses at the Fort Bragg Military Reservation and Department of Veterans Affairs Fayetteville Medical Center. But if any aspect of this order conflicts with a standing order issued by the court or an order entered by a district judge presiding over a case, the provisions of those orders will control. Il. Effective Date This order will be effective upon entry. It will govern proceedings in actions commenced after its entry. It will also apply to proceedings after entry in actions then pending unless the court so specifies or the court determines that applying it in a particular action would be infeasible or work an injustice. Dated: April 6, 2021 Kote 7 AlembecaZ— Robert T. Numbers, II United States Magistrate Judge