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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`STANDING ORDER FOR CIVIL
`ACTIONS ASSIGNED TO JUDGE ROY S. PAYNE
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`Pursuant to 28 U.S.C. §636 and the Local Rules of Court for the Assignment of Duties to
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`United States Magistrate Judges, it is ORDERED:
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`CASES REFERRED
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`1. Forty percent (40%) of selected civil actions filed in the Marshall Division of the Eastern
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`District of Texas after the effective date of this order and assigned to United States District Judge
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`Rodney Gilstrap (“Judge Gilstrap”) are referred to United States Magistrate Judge Roy S. Payne
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`(“Judge Payne”).
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`PRETRIAL PROCEEDINGS
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`2. Judge Payne shall handle all pretrial proceedings in cases referred under paragraph 1.
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`This shall include:
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`a. hear and determine all matters within the magistrate judge’s dispositive jurisdiction;
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`b. proceed in accordance with 28 U.S.C. § 636(b)(1)(B) and (C) concerning matters
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`excepted from magistrate judge’s dispositive jurisdiction under 28 U.S.C. §
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`636(b)(1)(A); and
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`c. after approval of the final pretrial order, the magistrate judge shall issue a report to the
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`district judge indicating that the case is ready for trial and that all the parties have not
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`consented to his jurisdiction.
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`Upon receipt of this report, the referral under paragraph 1 shall be withdrawn, and the case
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`shall be returned to Judge Gilstrap for all further proceedings and entry of judgment.
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`Case 2:14-cv-00061-JRG-RSP Document 2 Filed 02/06/14 Page 2 of 3 PageID #: 381
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`CONSENT
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`3. Upon receipt of signed consent forms by all parties, the case shall be reassigned to Judge
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`Payne, who shall conduct all proceedings, including jury and non-jury trials, and order the entry of
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`judgment.
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`REFERRAL PROCEDURE
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`4. Cases referred to Judge Payne under this order shall be selected randomly.
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`5. The clerk shall administer the random referrals and case assignments to Judge Payne
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`according to procedure devised by the clerk and approved in advance by the undersigned.
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`6. Every case referral shall be free from actual or potential influence or manipulation by any
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`litigant, counsel, member of the public, or unauthorized member of the court staff. The clerk shall
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`secure case assignment records and paraphernalia utilized in making random referrals and
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`assignments to ensure the unauthorized members of the court’s staff, attorneys, litigants, and
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`members of the public may not ascertain the name of the judicial officer(s) previously selected
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`from the random case referral and assignment arrays; the name of the next judicial officer in the
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`arrays; or the name(s) of any remaining judicial officer(s) in the arrays.
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`7. In the event of recusal or other disqualification of the magistrate judge in a case referred
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`and assigned under this order, the case shall return automatically to the docket of Judge Gilstrap,
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`subject to further orders of this court.
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`8. Case referrals pursuant to paragraph 1, case reassignments under paragraph 3, and
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`withdrawals of referrals under paragraphs 2 and 7 shall be effected automatically under this order.
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`Absent special circumstances, case-specific orders of reference, reassignment, and withdrawal
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`shall not be entered.
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`9. This order does not affect General Orders 05-4, 05-5, 05-6, 05-7, and 05-8 or other
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`Case 2:14-cv-00061-JRG-RSP Document 2 Filed 02/06/14 Page 3 of 3 PageID #: 382
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`established procedures for reference to magistrate judge of special category cases (e.g.,
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`preliminary motions to proceed in forma pauperis and for appointment of counsel in Title VII
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`cases, prisoner cases, matters on the miscellaneous docket, etc.).
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`10. Nothing herein shall preclude reference of additional matters to the magistrate judge or
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`the withdrawal of references in cases subject to this order whenever appropriate.
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`This order is effective immediately, in accordance with the undersigned’s directive to the
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`clerk.
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