Standing Order Regarding Courtroom Opportunities for Younger Attorneys; Standing Order Assigning Sherman Prisoner Civil Rights Cases to a Magistrate Judge; Standing Order Assigning Sherman Social Security Appeal Cases to a Magistrate Judge; Standing Order Referring ALM and SDJ's Non-Patent Non-Habea

Hon. Amos L. Mazzant, III · U.S. District Court for the Eastern District of Texas

Role: Chief District Judge

Bluebook Citation: Hon. Amos L. Mazzant, III, Standing Order Regarding Courtroom Opportunities for Younger Attorneys; Standing Order Assigning Sherman Prisoner Civil Rights Cases to a Magistrate Judge; Standing Order Assigning Sherman Social Security Appeal Cases to a Magistrate Judge; Standing Order Referring ALM and SDJ's Non-Patent Non-Habea, U.S. District Court for the Eastern District of Texas

Judge Profile: Hon. Amos L. Mazzant, III profile and standing orders

=== Standing Order Regarding Courtroom Opportunities for Younger Attorneys ===

United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS The Court recognizes a growing trend in which fewer cases go to trial and there are generally few opportunities for attorneys to speak in court. This is especially true for newer attorneys, that is, attorneys practicing for less than seven years (Newer Attorney(s . Opportunities for Newer Attorneys to speak in federal court are increasingly rare. Accordingly, the Court strongly encourages litigants to be mindful of opportunities for Newer Attorneys to conduct oral argument, particularly where a Newer Attorney drafted or contributed significantly to a motion or response. The Court believes that all attorneys share the responsibility to assist in providing substantive experience to the next generation of lawyers and that the benefits of doing so accrue to Newer Attorneys, clients, and the profession generally. The Court strongly encourages all parties to keep this goal in mind. Recognizing the importance of developing future generations of practitioners through courtroom opportunities, the Court adopts the following procedures for all oral argument on motions before Judge Mazzant: 1. If a party would like a Newer Attorney to argue a motion, after the briefing is ripe, the party should contact the law clerk to request oral argument and inform the clerk that a Newer Attorney will argue the motion or a portion of the motion. 2. If such a request is made, the Court will: a. b. c. d. Grant the request for oral argument, if it is at all practicable to do so. Permit sufficient additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing. Permit more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument. Notify opposing counsel if such a request is granted and suggest opposing counsel reciprocate by permitting a Newer Attorney to make its argument. All attorneys, including Newer Attorneys, will be held to the highest professional standards. All attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with the factual record and applicable law, and to have a degree of authority commensurate with the proceeding. The Court recognizes that there may be circumstances in which it is not appropriate for a Newer Attorney to argue a motion. The Court draws no inference from a party’s decision not to have a Newer Attorney argue a motion before the Court. The Court also draws no inference regarding the importance of a particular motion, or the merits of a party’s argument regarding the motion, from the party’s decision to have (or not to have) a Newer Attorney argue the motion. IT IS SO ORDERED. 2

=== Standing Order Assigning Sherman Prisoner Civil Rights Cases to a Magistrate Judge ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS STANDING ORDER ASSIGNING PRISONER CIVIL RIGHTS CASES FILED IN THE SHERMAN DIVISION TO A MAGISTRATE JUDGE Effective March 1, 2025, and notwithstanding other case assignment orders of this Court, the Clerk will randomly assign, at the time of filing, each prisoner civil rights case filed in the Sherman Division to a magistrate judge in the Sherman Division to serve as presiding judge and send each party a form to consent to proceed before the magistrate judge upon the party’s appearance in the case. The assigned magistrate judge may also separately invite party consent. If the plaintiff consents to proceed before the magistrate judge, subject to the consent of each defendant, the magistrate judge is designated to exercise jurisdiction to conduct any and all proceedings as provided in 28 U.S.C. § 636(c), to conduct the trial of the case, and to order the entry of judgment in the case pursuant to Neals v. Norwood, 59 F.3d 530 (5th Cir. 1995). If the parties do not consent, the Clerk will randomly reassign the case to a district judge pursuant to General Order 25-02 and automatically refer the case to a magistrate judge within the division of the district judge for decisions on non-dispositive matters and findings of fact, conclusions of law, and a recommendation for the disposition of the case. This order does not apply to any case that was filed before March 1, 2025. SO ORDERED and Effective as of the 1st day of March, 2025. AMOS L. MAZZANT, III Chief Judge SEAN D. JORDAN United States District Judge

=== Standing Order Assigning Sherman Social Security Appeal Cases to a Magistrate Judge ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS STANDING ORDER ASSIGNING SOCIAL SECURITY APPEAL CASES FILED IN THE SHERMAN DIVISION TO A MAGISTRATE JUDGE Effective March 1, 2025, and notwithstanding other case assignment orders of this Court, the Clerk will randomly assign, at the time of filing, each appeal from the final decision of the Commissioner of Social Security pursuant to § 405(g) of the Social Security Act filed in the Sherman Division to a magistrate judge in the Sherman Division to serve as presiding judge and immediately thereafter send the parties a form to consent to proceed before the magistrate judge. The assigned magistrate judge may also separately invite the parties to consent. If all parties consent, the case will remain assigned to the magistrate judge for all purposes, including the entry of final judgment under the provisions of 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73. If the parties do not consent, the Clerk will randomly reassign the case to a district judge pursuant to General Order 25-02 and automatically refer the case to a magistrate judge within the division of the district judge for decisions on non-dispositive matters and findings of fact, conclusions of law, and a recommendation for the disposition of the case. This order does not apply to any case that was filed before March 1, 2025. SO ORDERED and Effective as of the 1st day of March, 2025. AMOS L. MAZZANT, III Chief Judge SEAN D. JORDAN United States District Judge

=== Standing Order Referring ALM and SDJ's Non-Patent Non-Habeas and Non-Pro Se Cases to a Magistrate Judge ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS STANDING ORDER REFERRING A PERCENTAGE OF NON-PATENT CIVIL CASES ASSIGNED TO A SHERMAN DIVISION DISTRICT JUDGE TO A MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636 and Local Rule CV-72, the Clerk will randomly refer for all pretrial proceedings, at the time of filing or reassignment, 25% of the non-patent civil cases assigned to the undersigned that are not already subject to automatic referral by General Orders 05-07 or 05-10. Each Sherman Division magistrate judge shall receive half of such referrals from each of the undersigned. SO ORDERED and Effective as of the 1st day of July, 2025. AMOS L. MAZZANT, III Chief United States District Judge SEAN D. JORDAN United States District Judge

=== Sherman Courthouse Standing Order 2021-1 ===

United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION SHERMAN COURTHOUSES STANDING ORDER NO. 2021-1 The Paul Brown United States Courthouse and the United States Courthouse Annex in Sherman, Texas (the Sherman Courthouses), are public buildings in which the public is welcome. In responding to the ongoing pandemic caused by the coronavirus disease 2019 (COVID-19), the court has carefully considered many factors in balancing the rights of criminal defendants to a speedy and fair trial by jury, the rights of civil litigants to a prompt and fair resolution of disputes, the right of the public to “open courts,” and the safety of courthouse staff, jurors, witnesses, parties, observers, and counsel. It is therefore ORDERED, effective immediately, absent a specific order from the Court, for the protection of the courthouse staff, litigants, attorneys, and observers, upon entry into the Sherman Courthouses, all persons must comply with the following requirements: a. All visitors, except a witness while testifying, and an attorney while examining a witness or making a statement to a jury, must wear an appropriate face mask or covering while inside the Sherman Courthouses in courtrooms, jury rooms, public hallways, public restrooms, and elevators, unless excused from this requirement by the judge. Witnesses shall testify unmasked; b. For court employees and other tenants of the Sherman Courthouses who are fully vaccinated for COVID-191, the wearing of an appropriate face mask or 1 Individuals are considered fully vaccinated for COVID-19 two weeks after they have received their second dose in a 2-dose series or two weeks after they have received a single-dose vaccine. covering while inside the Sherman Courthouses is optional. However, for those court employees and other tenants of the Sherman Courthouses who are not fully vaccinated, the wearing of an appropriate face mask or covering while inside the Sherman Courthouses is required, unless excused from this requirement by the judge; c. Persons entering the Sherman Courthouses, other than jurors, must supply their own face mask or covering; d. Each person must maintain appropriate distancing from others in the Sherman Courthouses, to include sitting at the location assigned by a member of the court staff. Each person must follow the instructions of the court staff and Court Security Officers to aid in maintaining distance in the Sherman Courthouses; and e. Each person must use the hand sanitizer furnished at the front door upon entering the Sherman Courthouses. It is further ORDERED that these restrictions shall remain in place until modified or rescinded by subsequent order. 2 . ___________________________________ AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE SIGNED this 7th day of September, 2021.

=== Referral Order RE: Criminal Actions Assigned to Judge Amos L. Mazzant, III ===

United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION REFERRAL ORDER RE: CRIMINAL ACTIONS ASSIGNED TO JUDGE AMOS L. MAZZANT, III ___________________________________________ In accordance with the Local Rules of Court for the Assignment of Duties to United States Magistrate Judges, it is ORDERED: Pursuant to 28 U.S.C. § 636(b)(1)(A), all pretrial motions in Sherman Division criminal cases assigned to United States District Judge Amos L. Mazzant, with the exception of motions to suppress evidence, to dismiss or quash an indictment or information made by the defendant, to continue, to sever, and to transfer venue, are hereby REFERRED to United States Magistrate Judge Bill Davis or United States Magistrate Judge Aileen Goldman Durrett, as randomly assigned by the Clerk of Court, for consideration and hearing as deemed necessary, and a determination. IT IS SO ORDERED.

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