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United States District Court for the Middle District of North Carolina

May 02, 2024

The United States District Court for the Middle District of North Carolina (in case citations, M.D.N.C.) is a United States district court with jurisdiction over 24 counties in the center of North Carolina. It consists of five divisions with a headquarters in Greensboro, North Carolina.

United States District Court for the Middle District of North Carolina
(M.D.N.C.)
LocationL. Richardson Preyer Federal Building
(Greensboro)
More locations
Appeals toFourth Circuit
EstablishedMarch 2, 1927
Judges4
Chief JudgeCatherine Eagles
Officers of the court
U.S. AttorneySandra J. Hairston
U.S. MarshalCatrina A. Thompson
www.ncmd.uscourts.gov

Appeals from the Middle District of North Carolina are taken to the United States Court of Appeals for the Fourth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

Jurisdiction edit

The U.S. District Court for the Middle District of North Carolina has jurisdiction over 24 counties: Alamance, Cabarrus, Caswell, Chatham, Davidson, Davie, Durham (excluding that portion of Durham County encompassing the Federal Correctional Institution, Butner, North Carolina), Forsyth, Guilford, Hoke, Lee, Montgomery, Moore, Orange, Person, Randolph, Richmond, Rockingham, Rowan, Scotland, Stanly, Stokes, Surry, and Yadkin.[1]

The district's jurisdiction was modified in 2021 to transfer the portions of four counties (Hoke, Moore, Richmond, and Scotland) containing Fort Bragg Military Reservation and Camp Mackall to the Eastern District of North Carolina.[2]

History edit

The United States District Court for the District of North Carolina was established on June 4, 1790, by 1 Stat. 126.[3][4] On June 9, 1794 it was subdivided into three districts by 1 Stat. 395,[4] but on March 3, 1797, the three districts were abolished and the single District restored by 1 Stat. 517,[4] until April 29, 1802, when the state was again subdivided into three different districts by 2 Stat. 156.[3][4]

In both instances, these districts, unlike those with geographic designations that existed in other states, were titled by the names of the cities in which the courts sat. After the first division, they were styled the District of Edenton, the District of New Bern, and the District of Wilmington; after the second division, they were styled the District of Albemarle, the District of Cape Fear, and the District of Pamptico. However, in both instances, only one judge was authorized to serve all three districts, causing them to effectively operate as a single district.[4] The latter combination was occasionally referred to by the cumbersome title of the United States District Court for the Albemarle, Cape Fear & Pamptico Districts of North Carolina.

On June 4, 1872, North Carolina was re-divided into two Districts, Eastern and Western, by 17 Stat. 215.[4] The Middle District was created from portions of the Eastern and Western Districts on March 2, 1927, by 44 Stat. 1339.[4] Shortly thereafter, President Calvin Coolidge appointed Johnson Jay Hayes by recess appointment to be the first judge of the Middle District of North Carolina.

Current judges edit

As of August 13, 2023:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
13 Chief Judge Catherine Eagles Greensboro 1958 2010–present 2023–present — Obama
11 District Judge William Lindsay Osteen Jr. Greensboro 1960 2007–present 2012–2017 — G.W. Bush
12 District Judge Thomas D. Schroeder Winston-Salem 1959 2008–present 2017–2023 — G.W. Bush
14 District Judge Loretta Copeland Biggs Winston-Salem 1954 2014–present — — Obama
8 Senior Judge Norwood Carlton Tilley Jr. Greensboro 1943 1988–2008 1999–2006 2008–present Reagan


Vacancies and pending nominations edit

Seat Prior judge's duty station Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
1 Greensboro Catherine Eagles Senior status December 31, 2024[5] – –

Former judges edit

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Johnson Jay Hayes NC 1886–1970 1927–1957[Note 1] — 1957–1970 Coolidge death
2 Edwin Monroe Stanley NC 1909–1971 1957–1971[Note 2] 1961–1971 — Eisenhower death
3 L. Richardson Preyer NC 1919–2001 1961–1963[Note 3] — — Kennedy resignation
4 Eugene Andrew Gordon NC 1917–2002 1964–1982 1971–1982 1982–2002 L. Johnson death
5 Hiram Hamilton Ward NC 1923–2002 1972–1988 1982–1988 1988–2002 Nixon death
6 Richard Erwin NC 1923–2006 1980–1992 1988–1992 1992–2006 Carter death
7 Frank William Bullock Jr. NC 1938–present 1982–2005 1992–1999 2005–2006 Reagan retirement
9 William Lindsay Osteen Sr. NC 1930–2009 1991–2006 — 2006–2007 G.H.W. Bush retirement
10 James A. Beaty Jr. NC 1949–present 1994–2014 2006–2012 2014–2018 Clinton retirement
  1. ^ Recess appointment; formally nominated on December 6, 1927, confirmed by the United States Senate on January 9, 1928, and received commission the same day
  2. ^ Recess appointment; formally nominated on January 13, 1958, confirmed by the Senate on February 25, 1958, and received commission on February 27, 1958
  3. ^ Recess appointment; formally nominated on January 15, 1962, confirmed by the Senate on February 7, 1962, and received commission on February 17, 1962

Chief judges edit

Chief judges have administrative responsibilities with respect to their district court. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the district court judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge.

A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.

When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known as senior status, or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.

Succession of seats edit

U.S. attorneys for the Middle District edit

See also edit

References edit

  1. ^ "NCMD Counties," http://www.ncmd.uscourts.gov/ncmd-counties.
  2. ^ S.1340 - A bill to amend title 28, United States Code, to redefine the eastern and middle judicial districts of North Carolina.https://www.congress.gov/bill/117th-congress/senate-bill/1340
  3. ^ a b Asbury Dickens, A Synoptical Index to the Laws and Treaties of the United States of America (1852), p. 389.
  4. ^ a b c d e f g U.S. District Courts of North Carolina, Legislative history, Federal Judicial Center.
  5. ^ "Future Judicial Vacancies". United States Courts.
  6. ^ "PN1196 - Nomination of Sandra J. Hairston for Department of Justice, 117th Congress (2021-2022)". www.congress.gov. 2021-11-19. Retrieved 2021-11-24.

External links edit

  • United States District Court for the Middle District of North Carolina

May 02, 2024
united, states, district, court, middle, district, north, carolina, case, citations, united, states, district, court, with, jurisdiction, over, counties, center, north, carolina, consists, five, divisions, with, headquarters, greensboro, north, carolina, locat. The United States District Court for the Middle District of North Carolina in case citations M D N C is a United States district court with jurisdiction over 24 counties in the center of North Carolina It consists of five divisions with a headquarters in Greensboro North Carolina United States District Court for the Middle District of North Carolina M D N C LocationL Richardson Preyer Federal Building Greensboro More locationsWinston SalemDurhamAppeals toFourth CircuitEstablishedMarch 2 1927Judges4Chief JudgeCatherine EaglesOfficers of the courtU S AttorneySandra J HairstonU S MarshalCatrina A Thompsonwww wbr ncmd wbr uscourts wbr gov Appeals from the Middle District of North Carolina are taken to the United States Court of Appeals for the Fourth Circuit except for patent claims and claims against the U S government under the Tucker Act which are appealed to the Federal Circuit Contents 1 Jurisdiction 2 History 3 Current judges 4 Vacancies and pending nominations 5 Former judges 6 Chief judges 7 Succession of seats 8 U S attorneys for the Middle District 9 See also 10 References 11 External linksJurisdiction editThe U S District Court for the Middle District of North Carolina has jurisdiction over 24 counties Alamance Cabarrus Caswell Chatham Davidson Davie Durham excluding that portion of Durham County encompassing the Federal Correctional Institution Butner North Carolina Forsyth Guilford Hoke Lee Montgomery Moore Orange Person Randolph Richmond Rockingham Rowan Scotland Stanly Stokes Surry and Yadkin 1 The district s jurisdiction was modified in 2021 to transfer the portions of four counties Hoke Moore Richmond and Scotland containing Fort Bragg Military Reservation and Camp Mackall to the Eastern District of North Carolina 2 History editThe United States District Court for the District of North Carolina was established on June 4 1790 by 1 Stat 126 3 4 On June 9 1794 it was subdivided into three districts by 1 Stat 395 4 but on March 3 1797 the three districts were abolished and the single District restored by 1 Stat 517 4 until April 29 1802 when the state was again subdivided into three different districts by 2 Stat 156 3 4 In both instances these districts unlike those with geographic designations that existed in other states were titled by the names of the cities in which the courts sat After the first division they were styled the District of Edenton the District of New Bern and the District of Wilmington after the second division they were styled the District of Albemarle the District of Cape Fear and the District of Pamptico However in both instances only one judge was authorized to serve all three districts causing them to effectively operate as a single district 4 The latter combination was occasionally referred to by the cumbersome title of the United States District Court for the Albemarle Cape Fear amp Pamptico Districts of North Carolina On June 4 1872 North Carolina was re divided into two Districts Eastern and Western by 17 Stat 215 4 The Middle District was created from portions of the Eastern and Western Districts on March 2 1927 by 44 Stat 1339 4 Shortly thereafter President Calvin Coolidge appointed Johnson Jay Hayes by recess appointment to be the first judge of the Middle District of North Carolina Current judges editAs of August 13 2023 update Title Judge Duty station Born Term of service Appointed by Active Chief Senior 13 Chief Judge Catherine Eagles Greensboro 1958 2010 present 2023 present Obama 11 District Judge William Lindsay Osteen Jr Greensboro 1960 2007 present 2012 2017 G W Bush 12 District Judge Thomas D Schroeder Winston Salem 1959 2008 present 2017 2023 G W Bush 14 District Judge Loretta Copeland Biggs Winston Salem 1954 2014 present Obama 8 Senior Judge Norwood Carlton Tilley Jr Greensboro 1943 1988 2008 1999 2006 2008 present ReaganVacancies and pending nominations editSeat Prior judge s duty station Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination 1 Greensboro Catherine Eagles Senior status December 31 2024 5 Former judges edit Judge State Born died Active service Chief Judge Senior status Appointed by Reason fortermination 1 Johnson Jay Hayes NC 1886 1970 1927 1957 Note 1 1957 1970 Coolidge death 2 Edwin Monroe Stanley NC 1909 1971 1957 1971 Note 2 1961 1971 Eisenhower death 3 L Richardson Preyer NC 1919 2001 1961 1963 Note 3 Kennedy resignation 4 Eugene Andrew Gordon NC 1917 2002 1964 1982 1971 1982 1982 2002 L Johnson death 5 Hiram Hamilton Ward NC 1923 2002 1972 1988 1982 1988 1988 2002 Nixon death 6 Richard Erwin NC 1923 2006 1980 1992 1988 1992 1992 2006 Carter death 7 Frank William Bullock Jr NC 1938 present 1982 2005 1992 1999 2005 2006 Reagan retirement 9 William Lindsay Osteen Sr NC 1930 2009 1991 2006 2006 2007 G H W Bush retirement 10 James A Beaty Jr NC 1949 present 1994 2014 2006 2012 2014 2018 Clinton retirement Recess appointment formally nominated on December 6 1927 confirmed by the United States Senate on January 9 1928 and received commission the same day Recess appointment formally nominated on January 13 1958 confirmed by the Senate on February 25 1958 and received commission on February 27 1958 Recess appointment formally nominated on January 15 1962 confirmed by the Senate on February 7 1962 and received commission on February 17 1962Chief judges editChief judges have administrative responsibilities with respect to their district court Unlike the Supreme Court where one justice is specifically nominated to be chief the office of chief judge rotates among the district court judges To be chief a judge must have been in active service on the court for at least one year be under the age of 65 and have not previously served as chief judge A vacancy is filled by the judge highest in seniority among the group of qualified judges The chief judge serves for a term of seven years or until age 70 whichever occurs first The age restrictions are waived if no members of the court would otherwise be qualified for the position When the office was created in 1948 the chief judge was the longest serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as chief judge After August 6 1959 judges could not become or remain chief after turning 70 years old The current rules have been in operation since October 1 1982 Succession of seats editSeat 1 Seat established on March 2 1927 by 44 Stat 1339 Hayes 1928 1957 Stanley 1958 1971 Ward 1972 1988 Tilley Jr 1988 2008 Eagles 2010 present Seat 2 Seat established on May 19 1961 by 75 Stat 80 Preyer 1962 1963 Gordon 1964 1982 Bullock Jr 1982 2005 Schroeder 2008 present Seat 3 Seat established on October 20 1978 by 92 Stat 1629 Erwin 1980 1992 Beaty Jr 1994 2014 Biggs 2014 present Seat 4 Seat established on December 1 1990 by 104 Stat 5089 Osteen Sr 1991 2006 Osteen Jr 2007 presentU S attorneys for the Middle District editFrank A Linney 1927 1928 Edwin L Gavin 1928 1932 John R McCrary 1932 1934 Carlisle W Higgins 1934 1947 Bryce R Holt 1947 1954 Edwin M Stanley 1954 1957 Robert L Gavin 1957 1958 James E Holshouser Sr 1958 1961 Lafayette Williams 1961 William H Murdock 1961 1969 William Lindsay Osteen Sr 1969 1974 N Carlton Tilley Jr 1974 1977 Benjamin H White Jr 1977 Mickey Michaux 1977 1980 Kenneth W McAllister 1981 1986 Robert H Edmunds Jr 1986 1993 Benjamin H White Jr 1993 Walter C Holton Jr 1994 2001 Anna Mills Wagoner 2001 2010 Ripley Rand 2010 2017 Sandra J Hairston 2017 2018 Matthew G T Martin 2018 2021 Sandra J Hairston 2021 present 6 See also editCourts of North Carolina List of current United States district judges List of United States federal courthouses in North Carolina United States District Court for the Eastern District of North Carolina United States District Court for the Western District of North Carolina Salisbury District historic legislative districtReferences edit NCMD Counties http www ncmd uscourts gov ncmd counties S 1340 A bill to amend title 28 United States Code to redefine the eastern and middle judicial districts of North Carolina https www congress gov bill 117th congress senate bill 1340 a b Asbury Dickens A Synoptical Index to the Laws and Treaties of the United States of America 1852 p 389 a b c d e f g U S District Courts of North Carolina Legislative history Federal Judicial Center Future Judicial Vacancies United States Courts PN1196 Nomination of Sandra J Hairston for Department of Justice 117th Congress 2021 2022 www congress gov 2021 11 19 Retrieved 2021 11 24 External links editUnited States District Court for the Middle District of North Carolina Retrieved from https en wikipedia org w index php title United States District Court for the Middle District of North Carolina amp oldid 1201848574, wikipedia, wiki, book, books, library,

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