IN THE UNITED STATES DISTRICT COURT
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IN RE: PROCEDURES FOR PRISONER CASES AND PROVISIONS '*-&%
October 09, 2024
FOR CUSTODY OF PRISONERS -"63"""645*/ $-&3,
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STANDING ORDER NO. 2024-16
(a) Prisoner Cases. In order to reduce the costs and expenses borne by the Court and
by the parties in litigation of prisoner cases, special procedures are established in this district for
processing such cases. For purposes of this Standing Order, the term “prisoner cases” shall include
the following types of actions, filed pro se by prisoners or former prisoners, when the action
concerns prison-related issues: (1) civil rights complaints filed pursuant to 42 U.S.C. § 1983; (2)
civil rights complaints filed pursuant to 28 U.S.C. § 1331 (Bivens actions); (3) Federal Tort Claims
Act actions pursuant to 28 U.S.C. §§ 2671-2680; and (4) petitions for Writ of Mandamus. The
term “prisoner cases” shall also include: (5) habeas corpus petitions filed pursuant to 28 U.S.C. §
2241 (federal habeas); (6) habeas corpus petitions filed pursuant to 28 U.S.C. § 2254 (state habeas);
and (7) motions to vacate, set aside, or correct sentence filed pursuant to 28 U.S.C. § 2255 (federal
habeas).
(b) Filing and Processing Prisoner Cases. In order to facilitate the establishment of
a unified system for processing and adjudicating prisoner cases, all such cases shall be received
and processed in the Roanoke division. With the exception of § 2255 motions, prisoner cases will
be assigned a Roanoke division case number. Ordinarily, trials of these matters will be conducted
in the division where the cause of action arose. The presiding judge may, in his or her discretion,
designate an alternative trial venue if warranted due to scheduling conflicts, main courtroom
unavailability, and/or security issues.
(c) Referral to Magistrate Judges. Prisoner cases are referred to a magistrate judge,
pursuant to 28 U.S.C. 636(b)(1)(A), for purposes of consideration and ruling as to all
nondispositive, pretrial matters and motions. Prisoner cases assigned to United States District
Judges Jones and Ballou are referred to United States Magistrate Judge Pamela Meade Sargent.
Prisoner cases assigned to United States District Judges Dillon and Urbanski are referred to United
States Magistrate Judge C. Kailani Memmer. Prisoner cases assigned to United States District
Judges Cullen and Yoon are referred to United States Magistrate Judge Joel C. Hoppe.
(d) Cases Filed by Counsel. Cases filed by counsel pursuant to 42 U.S.C. § 1983, 28
U.S.C. § 1331 (Bivens), and the Federal Tort Claims Act shall be received and processed in the
division where the cause of action arose.
(e) Summary Judgment. The Court may direct a party or parties in a prisoner case to
file a motion for summary judgment supported by affidavits. Failure to comply with such an order
in an appropriate case may result in the imposition of sanctions including, but not limited to,
motion preclusion at trial.
(f) Transportation of Prisoner-Witnesses by Law Enforcement Agents. All
federal law enforcement agents, including deputized federal task force officers, with the
concurrence of the United States Marshals Service, are authorized to transport prisoner-witnesses
to and from the United States Marshals Service holding cells within the Western District of
Virginia for interview by the United States Attorney, or his designee, as needed, and to take the
prisoner-witness to the office of the federal agents having this temporary custody of the prisoner-
witness for the interview. The federal law enforcement agents who are moving the prisoner-
witnesses must remain with the prisoner-witnesses at all times until the prisoner-witnesses are
returned to the custody of the United States Marshal. The United States Attorney’s Office must
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give proper advanced notice to the United States Marshals Service so that the prisoner will be
available in the holding cell. The law enforcement agents taking custody of the prisoner witnesses
will sign a receipt at the time of taking custody of the prisoner-witness from the United States
Marshals Service. At no time will the leg restraints be removed from the prisoner outside of the
holding cells. A minimum of two law enforcement agents, one of whom must be a federal law
enforcement agent or deputized federal task force officer, must accompany each prisoner at all
times.
(g) Temporary Custody of Inmates by U.S. Marshal. The United States Marshal
for the Western District of Virginia must, upon receipt of an appropriate order from a circuit court
of the Commonwealth of Virginia, entered pursuant to the Agreement of Temporary Custody dated
November 10, 1975, by and between the Attorney General of Virginia and the United States
Attorney for the Western District of Virginia, approved by this Court on December 19, 1975, and
the purposes stated therein, temporarily relinquish federal custody of named individuals to
appropriate officials of the Commonwealth of Virginia.
(h) Effect. This Standing Order supersedes all other prior standing orders pertaining
to the handling of prisoner cases. Accordingly, the Court’s Standing Order No. 2024-13 dated
August 29, 2024, is rescinded.
It is so ORDERED.
For the Court:
ENTER: October 9, 2024.
/s/ Elizabeth K. Dillon
Elizabeth K. Dillon
Chief United States District Judge
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