Biographical Sketch; Standing Order No. 2 - In re Death Penalty Litigation; General Order No. 15; Day 12-02 General Order Regarding Initial Appearance and Warrant Procedure; Sixth Amended Magistrate Judges' General Order No. 11

=== Biographical Sketch ===

IN THE UNITED STATES DISTRICT COURT), 18 PH 1:19 FOR THE SOUTHERN DISTRICT OF OHIO . WESTERN DIVISION Souihe x OHIO WESTERN D!Y DAYTON In re Procedure in Cases Before Magistrate Judge Michael R. Merz, AMENDED STANDING ORDER Pursuant to authority recognized in Fed. R. Civ. P. 83(b) and S.D. Ohio Civ. R. 1.1(f), the following procedures apply in all cases assigned or referred to United States Magistrate Judge Michael R. Merz and must be followed by all litigants in those cases. 1. All Dayton General Orders (available on the Court’s website at www.ohsd.uscourts.gov) apply in all cases before Judge Merz. 2. All references to the record in this Court must be to the filed document by title, electronic filing docket number, and PageID reference. (E.g., Defendants’ Motion to Dismiss, ECF No. 27, PageID__s:) 3: Exhibits for use in trial or any evidentiary hearing shall be prepared as required in General Order Day 12-01, except that three sets of exhibits shall be prepared and provided to the Court for use by the Judge, law clerk, and witness. November 18, 2015. s/ Michael R. Merz United States Magistrate Judge

=== Standing Order No. 2 - In re Death Penalty Litigation ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO ©2~3 Ali 9: 36 ' In re: Death Penalty Litigation Magistrate Judge Michael R. Merz STANDING ORDER No. 2 Pursuant to authority recognized in Fed. R. Civ. P. 83(b) and S. D. Ohio Civ. R. 1.1(f). and to ensure that the Court is able to properly manage all death penalty litigation referred to it, IT IS HEREBY ORDERED that with respect to any death row inmate who is a party to any case in the Southern District of Ohio referred to the undersigned, when any attorney representing a party in such a case files a paper in the United States Court of Appeals or the United States Supreme Court, the attorney shall contemporaneously electronically file a copy of that paper in this Court. February 3, 2016. s/ Michael R. Merz United States Magistrate Judge

=== General Order No. 15 ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON IN RE: SENTENCING IN DRIVING UNDER THE INFLUENCE CASES, Magistrate Judge Michael R. Merz SECOND AMENDMENT TO MAGISTRATE'S GENERAL ORDER NO. 15 Magistrate's General Order No. 15, dated March 1, 1995, is hereby amended to adopt the attached revised Driving Under the Influence Sentencing Guidelines. These Guidelines shall be effective for all sentences imposed after May 27, 2009. - Verband | Michael R. Merz United States Magistrate Judge May 26, 2009, -l- UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO U.S. Probation Office DRIVING UNDER THE INFLUENCE GUIDELINES The attached DUI guidelines were developed by the U. S. Probation Office at the request of U. S. Magistrate Judge Michael R. Merz. The guidelines were originally created in an effort to provide the Court with consistent recommendations in regard to DUI offenders. The guidelines were revised in both 2002 and 2009 as the result of statutory changes. The DUI guidelines are advisory in nature. They attempt to take into consideration the primary sentencing factors considered by the Court for DUI cases, including circumstances surrounding the offense and prior alcohol related convictions. However, individual cases may present factors not considered by the DUI guidelines and, therefore, the attached provisions are intended for general guidance to provide consistency for sentencing all DUI offenders. It is understood the Court reserves the right to sentence a defendant anywhere within the established statutory penalties and is always obliged to consider the factors set forth in 18 U.S.C. § 3553(a). REVISED: January 9, 2002 RE-REVISED: May 20, 2009 @ lL Determine Offense Level 1. Offense Conduct (a) Base Offense Level: 2 (b) Add 2 levels, if the defendant’s BAC was .17 or greater (c) Add 1 level, if the defendant fled or attempted to flee from police and/or resisted arrest (d) Add | level, if the offense caused damage to property, other than that belonging to the defendant (e) Add 2 levels, if the offense caused or threatened physica] injury to individuals other than the defendant (63) Subtract 1 level, if the defendant’s BAC was .08 or below 2. Acceptance of Responsibility (a) Subtract 1 level, if the defendant accepts responsibility for his/her offense conduct, including the true admission of alcohol consumption and impaired ability to drive (b) Subtract 1 level, if the defendant qualifies for the above 1 level reduction and voluntarily seeks substance abuse assessment/treatment prior to sentencing @ Il. Determine Alcohol Related History 1. Assess 2 points for each prior alcohol related driving conviction that occurred within 10 years of the date of the instant offense 2. Assess | point, if the defendant previously participated in any type of treatment intervention @ Ill. DUI Guideline Results DUI SENTENCING TABLE (in days of imprisonment) PRIOR ALCOHOL RELATED HISTORY Offense | 0 to 1 2 3 4 5 6 7 8 Level Oorl 3/WIP | 6-10 10-20 20-30 30-45 45-60 60-75 75-90 2 3/WIP | 6-10 10-20 20-30 30-45 45-60 60-75 75-90 3 6-10 6-15 10-25 20-45 30-60 45-75 60-90 75-120 4 5-10 6-15 15-30 30-60 60-75 75-90 90-120 | 120-180 5 7-10 10-20 20-45 45-75 75-90 90-120 | 120-180 | 180-365 6 10-20 15-30 30-60 60-90 90-120 | 120-180 | 150-210 | 180-365 7 10-20 20-45 45-90 90-120 | 120-180 | 150-210 | 180-365 | 180-365 8 15-30 30-60 60-120 | 120-180 | 150-210 | 180-365 | 180-365 | 180-365 Recommended Terms of Probation 1. 6 months to 1 year, for first time offenders with minimal treatment issues 2. 1 to 2 years, for offenders with two or more prior alcohol related convictions Fine Guideline 1. The fine ranges were constructed after taking into consideration the mandatory minimum fine amounts called for by statute (O.R.C. § 4511.19 and § 4511.99). The ranges represent an attempt to eliminate the potential for wide disparity in regard to financial sentences that could occur if the maximum of the fine range were much greater. The fine ranges are also an attempt to keep financial sanctions in proportion with any period of imprisonment imposed. (a) First Offense $375 - $575 (b) Second Offense $525 - $900 (c) Third Offense $850 - $1,400 (d) Fourth Offense $1,350 - $5,000 3 r ] License Suspension 1, DUI offenders are subject to mandatory driver license suspensions per Ohio Revised Code § 4510.02. (a) First offense - Class 5 suspension - minimum 6 months up to 3 years (b) Second offense - Class 4 suspension - minimum | year up to 5 years (c) Third offense - Class 3 suspension - minimum 2 years up to 10 years (d) Fourth or more offense - Class 2 suspension - minimum 3 years up to life IV. Departures The following items have been identified as possible departure issues, but do not represent all possible departure issues which can be considered by the Court. 1. Aggravating (a) Defendant has been exposed to and exhausted numerous treatment modalities (b) Defendant has an extensive non-alcohol related criminal history (c) Defendant has failed to comply with conditions of his/her pretrial release (d) Defendant has tested positive or used alcohol or illegal substances @ pending sentencing (e) A minor child was present in the vehicle at the time of the offense (63) Defendant is pending sentencing for another alcohol related driving offense that occurred after the date of the instant offense 2. Mitigating (a) The offense was motivated by personal hardship suffered by the defendant and the offense was an isolated incident (b) Defendant was tested as having a BAC level of .04 or below Vv. BAC of .17 or Greater - Mandatory Minimum Jail Sentences - 1. The statute requires certain mandatory minimum jail sentences for offenders who are tested as possessing a BAC of .17 or higher. These mandatory minimum provisions are as follows: (a) First offense within 6 years - 3 days jail and 3 day WIP or 6 days jail (b) Second offense within 6 years - 20 days jail (c) Third offense within 6 years - 60 days jail (d) Fourth or more offense within 6 years - 120 days jail r ) Vi. Application Notes 1. It is intended that if the offense threatened physical injury such as ending in an accident, a 2-level enhancement be given. In the case of actual physical injuries, this enhancement is intended for minor physical injuries that were non-life threatening. In the case of more serious physical injuries, it is believed the defendant would be held accountable for more serious charges, and this guideline would not be applicable. 2. “Alcohol related driving conviction” includes DUI, Prohibited Breath Alcohol Level, Reckless Operation, and Having Physical Control of a Vehicle While Intoxicated that any federal, state, or local court records indicate were alcohol related. 3. “Prior treatment-related intervention” includes, but is not limited to, referral to and/or participation in weekend intervention programs, outpatient treatment, and inpatient treatment. This enhancement applies to defendants who have had the opportunity at treatment regardless of whether they successfully completed treatment. 4. An enhancement was considered for offenders who commit the instant offense while under supervision for a similar offense. However, because the statute provides for greater mandatory minimum sentences for subsequent offenses within six years, no additional enhancement penalty was included. y ) Under such circumstances, it is likely that an offender has violated the conditions of his supervision, which would be an issue to be addressed by the original sentencing Court. 5. The defendant is considered to have “exhausted treatment modalities” if he/she has had an opportunity at both outpatient and inpatient treatment but continues to abuse alcohol. 6. “Personal hardship” is considered to be an isolated, unusual, traumatic, or stressful event in the defendant’s life that contributed to the commission of the offense. Examples include, but are not limited to, death of a significant other or serious illness. @ , MISDEMEANOR GUIDELINE WORKSHEET f DUI CASES ONLY Defendant Name: Court: The Honorable Docket Number: Count Number: (___ Offense Within 6 Years) 1. Determine Offense Level (a) BASE OFFENSE LEVEL 2. (b) BAC of .17 or Greater* (+2) __ (c) Flight/Resisting Arrest (+1) — (d) Property Damage (+1) — (e) Personal Injury (42) __ @ (f) Defendant tested BAC .08 or lower (-1) —_ Subtotal: *The statute requires certain mandatory minimum jail sentences for offenders who test with a BAC of .17 or greater. Notes: If: (a) Defendant accepts responsibility (-1) __ (b) If (a) applies and defendant voluntarily seeks/receives treatment (-1) __ Notes: TOTAL OFFENSE LEVEL: IL. Determine Alcohol Related History @ o Prior Alcohol Related Driving Offenses (assess 2 points for each conviction within 10 years of the instant offense) Date of Imposition Offense and Case Number Points Tf: (a) Defendant had prior treatment opportunity (+1) __ TOTAL POINTS Ill. DUI Guideline Results Total Offense Level Total Points DUI Sentencing Range to days Probation range: Fine range: License Suspension: Iv. Departures (a) Aggravating Factors: (b) Mitigating Factors: Vv. *Mandatory Minimum Sentences for Offenders with a .17 BAC or Greater (a) First offense within 6 years - 3 days jail and 3 day WIP or 6 days jail (b) Second offense within 6 years - 20 days jail (c) Third offense within 6 years - 60 days jail @ (d) Fourth or more offense within 6 years - 120 days jail

=== Day 12-02 General Order Regarding Initial Appearance and Warrant Procedure ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON 20!2 MAR 21 AM 81 31 INRE: INITIAL APPEARANCE AND WARRANT PROCEDURE GENERAL ORDER NO. DAY 12-02 INITIAL APPEARANCE To implement Fed. R. Crim. P. 5 and 32.1 and to ensure that every arrested person is afforded his or her right to a prompt appearance before a judicial officer, it is hereby ORDERED: 1. This Order applies to all arrests, whether initial, for failure to appear, or for alleged probation or supervised release violation, or bond violation, made by any federal law enforcement officer in Champaign, Clark, Darke, Greene, Miami, Montgomery, Preble, or Shelby County, Ohio, and includes arrests made upon voluntary surrender. Any federal law enforcement officer who intends to bring a person arrested elsewhere in the Southern District of Ohio before the United States Magistrate Judge at Dayton because of the unavailability of a judicial officer at Columbus or Cincinnati shall also follow this procedure. 2. Any federal law enforcement officer who makes an arrest without a warrant shall immediately bring the arrested person, or cause him or her to be brought, before this Court for an initial appearance. Absent extraordinary circumstances, such appearance shall take place within three hours of the arrest, except that, l.) when an arrest without a warrant occurs after l 0:00 P .M., the initial appearance shall take place at I :30 P.M. the next day and 2.) when an arrest upon a warrant occurs, the initial appearance shall take place at 1 :30 P .M. on the next day of regular court business. 3. Upon making an arrest, the arresting officer or his or her agency shall immediately notify: 1.) one of the Assistant United States Attorneys at Dayton assigned to represent the government in criminal matters; 2.) the United States Marshals office; 3.) the United States Pretrial Services Agency; 4.) the Magistrate Judge's office (or home if after regular hours.) 4. In the case of an arrest made without a warrant, a complaint or violation notice must be prepared before the appearance and must be endorsed by an Assistant United States Attorney. 5. If the arrested is known to be represented by counsel, the attorney shall be notified as soon as an arrest is made and the Magistrate Judge shall be notified of the attorney's 2 name. 6. If the person has been arrested on a warrant from another judicial district and the issuing judicial officer has recommended a bond, that information shall be promptly conveyed to both the Magistrate Judge and the Pretrial Services Officer. Similarly, if the United States Attorney for this District intends to recommend an own recognizance bond or a bond unsecured by a cash deposit or the United States Attorney intends to request pretrial detention, the United States Attorney shall promptly convey this information to the Magistrate Judge and the Pretrial Services Officer. 7. In the event the duty Magistrate Judge is unavailable, the arresting officer shall contact one of the other Magistrate Judges or a District Judge for an initial appearance. 8. This Order applies any time a person is detained by security personnel and not released within three hours and particularly applies any time a person is placed in custody of a County Sheriff on federal charges. Supervisors of all federal security personnel in the counties listed in paragraph I are responsible for ensuring that personnel under their supervision are familiar with this Order. To correct recent deficiencies in this regard, it is hereby ORDERED that the Commanding Officer of Security Police at WPAFB and the Chief of Security at the Veterans Administration Medical Center certify in writing not later than May 1, 2012, and annually thereafter that a copy of this Order has been furnished to all law enforcement officers under their supervision. 3 WARRANTS 9. The Magistrate Judge will not approve an arrest or search warrant unless the complaint or application has been approved by an Assistant United States Attorney, with such approval indicated by endorsement thereon. 10. Applications for search warrants with supporting affidavits will not be filed with the Clerk until a return is made on the search warrant, pursuant to Fed. R. Crim. P. 4l(g). All documents so filed will be available for public inspection unless they have been ordered sealed. Any motion by the Government to seal search warrant papers must be made before a return is made on the warrant. March 21, 2012 s/ Sharon L. Ovington Sharon L. Ovington United States Magistrate Judge s/ Michael J. Newman Michael J. Newman United States Magistrate Judge s/ Michael R. Merz Michael R. Merz United States Magistrate Judge 4

=== Sixth Amended Magistrate Judges' General Order No. 11 ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON IN RE: SOCIAL SECURITY APPEALS SIXTH AMENDED MAGISTRATE JUDGES’ GENERAL ORDER NO. 11 To provide for the efficient adjudication of appeals to this Court of decisions of the Commissioner of Social Security under the Social Security Act, itis hereby ORDERED with respect to all such appeals: 1. All prior Orders of the United States Magistrate Judges at Dayton with respect to Social Security cases are hereby rescinded. 2. The Commissioner shall file and serve an answer and a certified copy of the administrative record not later than sixty days after completion of service of process. In all cases in which the certified administrative record has been filed electronically, all record references in subsequent filings shall be to the electronic page, i.e., to the PageID No. __ which appears in the upper right hand corner of the electronic document as filed. 3. Not later than sixty days of service of the answer, the plaintiff shall file and serve a statement of specific errors upon which the plaintiff seeks reversal or remand. This statement shall be organized in the form of a memorandum in support of the plaintiffs position and shall also include PageID references to the administrative record as well as citations of applicable law and supporting authority. Statements of specific errors shall present the detail ordinarily expected in a motion for summary judgment, and shall raise and address all issues as to which the plaintiff seeks review. 4, Not later than forty-five days after service of the statement of specific errors, the Commissioner shall file and serve a memorandum in opposition to the plaintiffs statement of specific errors. This memorandum in opposition shall be organized in the form of a memorandum in opposition to the plaintiff’ s position and in support of the Commissioner's decision and shall also include PageID references to the administrative record as well as citations to applicable law and supporting authority. 5. Plaintiff may file and serve a reply memorandum not later than twenty-one days after service of the Commissioner's memorandum in opposition. Consistent with practice in this Circuit, the Court will not consider any new allegations of error introduced in the reply memorandum. 6. All cases will be decided on the memoranda and the administrative record, unless the Court orders oral argument. 7. In cases decided by a Magistrate Judge upon consent under 28 U.S.C. § 636(c), appeals may be taken as provided by law. In cases in which the Magistrate Judge files a report and recommendations to a District Judge on the merits of the case, the time for filing objections and responses to objections is the fourteen-day period provided by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72 unless modified by the Court. 8. The practice of seeking lengthy (e.g., thirty days) extensions of time on conclusory grounds (e.g., "heavy caseload") is strongly discouraged. Repeated requests of this nature may lead to sanctions. All requests for extensions that do not comply with S. D. Ohio Civ. R. 7.3 will be denied. The Ohio Rules of Professional Conduct counsel attorneys not to accept more work than they can reasonably handle. 9. When a case is remanded to the Commissioner for further proceedings and those proceedings are completed, if the Commissioner's new decision is adverse to the Plaintiff, the Commissioner shall file and serve a copy of the supplemental administrative record. The matter shall 2 then be briefed in accordance with this General Order: the plaintiff will have sixty days from the date of service of the supplemental administrative record within which to file a statement of specific errors in the form described above, the Commissioner will have forty-five days from the date of service of the statement of specific errors within which to file and serve a memorandum in opposition in the form described above; and the plaintiff will have twenty-one days from the date of service of the Commissioner's memorandum within which to file and serve a reply memorandum. 10. When a case is remanded to the Commissioner for further proceedings and those proceedings are completed, if the plaintiff accepts the Commissioner's new decision, plaintiffs counsel shall, within fourteen days of receipt of the Commissioner's new decision, notify the chambers of the Magistrate Judge to whom the case is assigned that the plaintiff accepts the new decision and the plaintiff does not seek further judicial review. 11. This Order is effective immediately and applies to cases currently pending before the Court. pugs, 201 Chee CLA Sharon L. Ovingtony) United States Magistrate Michael J. Newman United States Magistrate Judge Veale YL Michael R. Merz United States Magistrate Judge,