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S.D. Miss. Standing Order — Adobe PDF

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI FILE D IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI Jun 26 2026 ARTHUR JOHNSTON, CLERK INTERNAL RULE 1 as amended effective June 26, 2026 ASSIGNMENT OF CASES TO JUDGES AND MAGISTRATE JUDGES This Assignment of Cases to Judges and Magistrate Judges will apply to all cases filed on or after June 26, 2026, except as provided in Sections XI and XIII below. Each civil case filed in this Court will bear a number as follows: The number of the division 1- Southern Division at Gulfport; 2- Eastern Division at Hattiesburg; 3- Northern Division at Jackson; 5- Western Division at Natchez, followed by a colon and the last two digits of the year in which the case is filed, followed by the letters "cv", followed by the sequential number of the case filed in the division. Civil cases may be assigned on the percentage distribution described below by use of a manual or automated random draw. The district judge and magistrate judge assignment in each case is indicated in the case docket by the initials of the district judge and the magistrate judge, as follows: DCB District Judge Bramlette ASH Magistrate Judge Harris LG District Judge Guirola LGI Magistrate Judge Isaac KHJ District Judge Johnson RPM Magistrate Judge Myers DPJ District Judge Jordan MTP Magistrate Judge Parker TBM District Judge McNeel BWR Magistrate Judge Rath HSO District Judge Ozerden CWR District Judge Reeves HTW District Judge Wingate 1 Each criminal case filed in the Southern District will bear the same number format as the civil docket number, except that the letters "cr" will be substituted for the letters "cv." I. ASSIGNMENT OF CIVIL CASES TO DISTRICT JUDGES Civil cases in this district are to be assigned a district judge as follows: A. NORTHERN DIVISION - Civil cases will be assigned as follows: Judge Wingate - 26% Judge Jordan - 26% Judge Reeves - 26% Judge Johnson - 22%. B. SOUTHERN DIVISION - Civil cases will be assigned as follows: Judge Guirola - 24% Judge Ozerden - 38% Judge McNeel - 38%. C. EASTERN DIVISION - Civil cases will be assigned as follows: Judge Guirola - 20% Judge Johnson - 20% Judge Ozerden - 30% Judge McNeel - 30%. D. WESTERN DIVISION - Civil cases will be assigned as follows: Judge Bramlette - 100%. II. ASSIGNMENT OF CRIMINAL CASES TO DISTRICT JUDGES Criminal cases in this district are assigned to district judges as follows: A. NORTHERN DIVISION – Criminal cases will be assigned randomly and without regard to grand jury schedules as follows: Judge Jordan - 29% Judge Johnson - 13% Judge Wingate - 29% Judge Reeves - 29%. B. WESTERN DIVISION - Criminal cases will be assigned as follows: Judge Bramlette - 100%. C. EASTERN DIVISION - Criminal cases will be assigned as follows: Judge Guirola - 30% Judge Johnson - 70%. 2 D. SOUTHERN DIVISION - Criminal cases will be assigned as follows: Judge Guirola - 18% Judge Ozerden - 30% Judge McNeel - 52%. E. RELATED CRIMINAL CASES - Upon notice filed by the United States Attorney, a criminal matter which is related to a previously assigned criminal case will be transferred by the Clerk of Court to the judge with the previously assigned criminal case. For purposes of this order, criminal cases are related if they involve substantially the same parties and factual situation, relate to or are based upon the same act or transaction, or involve actions connected with or constituting part(s) of a common scheme or plan. III. CAPITAL HABEAS CASES - All habeas corpus cases filed in this district reviewing a sentence of death will be assigned to the active district judges equally, regardless of division, utilizing the sequence: HTW, DPJ, HSO, CWR, KHJ and TBM. A case previously assigned to a district judge which is returned to this district will not impact this sequencing. IV. REASSIGNMENT - The Chief Judge may, after conferring with the affected district judge(s) or magistrate judge(s), reassign cases in any division in order to ensure an equal distribution of the workload and to effectuate a prompt disposition of all pending matters. V. PARTICIPATION - No district judge of this court will participate in any way or to any extent with the processing or disposition of any case which is 3 not assigned to the judge by action of this plan unless agreed to by the district judge to whom the case is assigned. VI. REVERSALS AND REMANDS - If any case is subsequently reversed or remanded, the Clerk of Court will assign such case to the same district judge who previously tried or handled the case and who will have the sole responsibility for the case's final disposition, unless that district judge agrees to the assignment of the case to another district judge or the Fifth Circuit Court of Appeals so dictates. If the latter occurs, then the case will be returned to the draw and reassigned. VII. REFERRAL OF CIVIL CASES TO MAGISTRATE JUDGES A. Referral of civil cases to a magistrate judge for trial will be in accordance with the provisions of FED. R. CIV. P. 72 and 73. B. The notice required by FED. R. CIV. P. 73(b) concerning the opportunity to consent to trial by a magistrate judge will be included with the pretrial notices and instructions or provided upon request of the parties. C. The consent form(s) will be filed in the division in which the case is pending. No consent form will be filed unless all parties have consented to the referral of the case to a magistrate judge. D. In those cases which are referred to a magistrate judge, only the magistrate judge’s designated initial(s) will appear in the case number suffix. 4 E. Pursuant to 28 U.S.C. § 636 (b)(1)(B), the following matters are hereby referred to the magistrate judge to conduct hearings, including evidentiary hearings, and to submit proposed findings of fact and recommendations for disposition: (1) prisoner petitions challenging conditions of confinement; (2) applications for post-trial relief made by individuals convicted of criminal offenses, excluding capital cases; and, (3) social security appeals. An Order of Reference executed by the district judge assigned to the case is required in all other cases assigned to a magistrate judge. Motions to vacate, set aside or correct the sentence pursuant to 28 U.S.C. § 2255 are referred to the sentencing judge. VIII. ASSIGNMENT OF CIVIL CASES TO MAGISTRATE JUDGES A. Except as provided in paragraphs B and C below, in all civil actions filed in this district, the following shall apply: 1. Magistrate Judge Harris is assigned all civil cases assigned to Judge Jordan, and 50% of the civil cases assigned to Judge Reeves. 2. Magistrate Judge Isaac is assigned all civil cases assigned to Judge Wingate, and 50% of the civil cases assigned to Judge Reeves. 5 3. Magistrate Judge Parker is assigned all civil cases assigned to Judge Johnson, all Eastern Division civil cases assigned to Judge Guirola, 75% of all Eastern Division civil cases assigned to Judge McNeel, and 75% of all Eastern Division civil cases assigned to Judge Ozerden. 4. Magistrate Judge Myers is assigned all Southern Division civil cases assigned to Judge McNeel, 50% of the Southern Division cases assigned to Judge Guirola, 50% of the civil cases assigned to Judge Bramlette, and 25% of the Eastern Division civil cases assigned to Judge McNeel. 5. Magistrate Judge Rath is assigned all Southern Division civil cases assigned to Judge Ozerden, 50% of the Southern Division cases assigned to Judge Guirola, 50% of the cases assigned to Judge Bramlette, and 25% of the Eastern Division civil cases assigned to Judge Ozerden. B. Cases arising under the Social Security Act including appeals thereof shall be assigned a magistrate judge utilizing the sequence: RPM, MTP, LGI, ASH, and BWR, regardless of the assigned district judge. C. Cases filed by pro se prisoners seeking habeas relief under 28 U. S. C. § 2254 shall be assigned a magistrate judge utilizing the sequence: BWR, ASH, LGI, MTP, RPM regardless of the assigned district judge. 6 IX. ASSIGNMENT OF CRIMINAL MATTERS TO MAGISTRATE JUDGES. A. All misdemeanor criminal cases will be assigned, upon the filing of an information, complaint or violation notice, or the return of an indictment, to a magistrate judge, who will proceed in accordance with the provisions of 18 U.S.C. §§ 3401-02 and FED. R. CRIM. P. 58. (1) NORTHERN AND WESTERN DIVISIONS – (a) All criminal “CR” cases will be assigned randomly and without regard to grand jury schedules as follows: Judge Isaac – 50% Judge Harris – 50%. (b) The Petty Offense Docket will rotate on a yearly basis among Judges Harris, Isaac and Parker. (c) “MJ” cases will be assigned in chambers by month as follows: January, March, May, July, September, November – Judge Harris; February, April, June, August, October, December – Judge Isaac. (2) SOUTHERN DIVISION -All criminal matters will be shared between Magistrate Judges Rath and Myers. Indictments and informations will be assigned 50% to Judge Rath and 50% to Judge Myers. The Petty Offense Docket will rotate between Judges Rath and Myers. 7 (3) EASTERN DIVISION - All criminal matters are assigned to Magistrate Judge Parker. B. All pretrial criminal motions are hereby referred to a magistrate judge for hearing and determination, with the exception of motions to dismiss or quash an indictment or information made by the defendant, motions to suppress evidence, motions in limine regarding evidentiary matters, motions for extensions of time with regard to matters pending before a district judge, motions for continuances, and motions for severance. C. All other criminal matters authorized to be handled by a magistrate judge by statute, Federal Rules of Criminal Procedure, Local Uniform Rules, or Order, including the Plan to implement the Magistrate's Act, are hereby assigned to magistrate judges for appropriate action. D. Individual case exceptions to the foregoing assignment method may be directed by the Chief Judge in order to more expeditiously address particular case situations. X. RECUSAL A. When the presiding district judge must recuse himself or herself from a case, the Clerk of Court will return that case to the applicable divisional draw described in Sections I and II above for automatic, random reassignment. However, any Western Division civil or criminal case from which Judge Bramlette is recused will be returned to the Northern Division 8 civil or criminal draw described in Sections I A and II A for automatic, random reassignment. Such case will remain a Western Division case. B. When the assigned magistrate judge must recuse himself or herself from a case, the reassignment will be conducted in the following sequence: Eastern, Western and Northern Division cases: Isaac  Harris  Myers Harris  Isaac  Rath Myers  Harris  Isaac Rath  Isaac  Harris Parker  Rath  Myers Southern Division cases: Rath  Myers  Parker Myers  Rath  Parker If a case cannot be reassigned using the methodologies described above, the Chief Judge may assign the case to a judge outside thereof. When a district judge is recused from a case and a new district judge is assigned, the magistrate judge originally assigned to the case shall remain so assigned unless otherwise ordered by the Chief Judge. XI. ASSIGNMENT OF BANKRUPTCY CASES TO BANKRUPTCY JUDGES. Pursuant to 28 U. S. C. § 157, the District Court hereby ORDERS nunc pro tunc that any and all cases arising under Title 11 of the United States Code and any 9 and all proceedings arising under Title 11 or arising in or related to a case under Title 11 shall be referred to the bankruptcy judges for the Southern District of Mississippi for consideration and resolution consistent with the law. XII. ASSIGNMENT OF CASES UPON SELECTION OF SUCCESSOR MAGISTRATE JUDGE. Upon the death or retirement of a magistrate judge, the Clerk of Court is directed to substitute the name and initials of the successor judge in place of the retiring or deceased judge herein unless otherwise directed by the Court. XIII. EFFECTIVE DATES. This order is effective June 26, 2026, and supplants all prior court case assignment orders and rules. However, the provisions of Section XI of this Order shall be effective nunc pro tunc to December 7, 2011. SO ORDERED AND ADJUDGED this the 26th day of June 2026. s/ Halil Suleyman Ozerden HALIL SULEYMAN OZERDEN CHIEF UNITED STATES DISTRICT JUDGE 10
Official source: https://www.mssd.uscourts.gov/sites/mssd/files/InternalRule1Amended_6-26-26.pdf · retrieved 2026-07-23