United States District Court for the Middle District of North Carolina
Encyclopedia
The U.S. District Court for the Middle District of North Carolina (in case citation
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

s, M.D.N.C.) is a United States district court with jurisdiction over 24 counties in the center of North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...

. It consists of five divisions with a headquarters in Greensboro, North Carolina
Greensboro, North Carolina
Greensboro is a city in the U.S. state of North Carolina. It is the third-largest city by population in North Carolina and the largest city in Guilford County and the surrounding Piedmont Triad metropolitan region. According to the 2010 U.S...

.

Appeals from the Middle District of North Carolina are taken to the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...

 (except for patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....

 claims and claims against the U.S. government under the Tucker Act
Tucker Act
Through the Tucker Act , the United States government has waived its sovereign immunity with respect to certain lawsuits....

, which are appealed to the Federal Circuit
United States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...

).

Jurisdiction

The Durham
Durham, North Carolina
Durham is a city in the U.S. state of North Carolina. It is the county seat of Durham County and also extends into Wake County. It is the fifth-largest city in the state, and the 85th-largest in the United States by population, with 228,330 residents as of the 2010 United States census...

 division covers Chatham
Chatham County, North Carolina
Chatham County is a county located in the Piedmont area of the U.S. state of North Carolina. As of 2000, the population was 49,329. Its county seat is Pittsboro.-History:...

, Durham
Durham County, North Carolina
-Demographics:As of the census of 2000, there were 223,314 people, 89,015 households, and 54,032 families residing in the county. The population density was 769 people per square mile . There were 95,452 housing units at an average density of 329 per square mile...

, Lee
Lee County, North Carolina
-Demographics:As of the census of 2000, there were 49,040 people, 18,466 households, and 13,369 families residing in the county. The population density was 191 people per square mile . There were 19,909 housing units at an average density of 77 per square mile...

, Orange
Orange County, North Carolina
Orange County is a county located in the U.S. state of North Carolina. As of the 2010 census, the population was 133,801. Its county seat is Hillsborough...

, and Person
Person County, North Carolina
Person County is a county located in the Piedmont region in north-central North Carolina in the United States. It is part of the Durham-Chapel Hill Metropolitan Area. The population was 39,464 at the 2010 census.The county seat is Roxboro...

 counties.

The Greensboro
Greensboro, North Carolina
Greensboro is a city in the U.S. state of North Carolina. It is the third-largest city by population in North Carolina and the largest city in Guilford County and the surrounding Piedmont Triad metropolitan region. According to the 2010 U.S...

 division includes: Alamance
Alamance County, North Carolina
Alamance County is a county located in the U.S. state of North Carolina. It coincides with the Burlington, North Carolina, Metropolitan Statistical Area...

, Caswell
Caswell County, North Carolina
-Demographics:As of the census of 2000, there were 23,501 people, 8,670 households, and 6,398 families residing in the county. The population density was 55 people per square mile . There were 9,601 housing units at an average density of 23 per square mile...

, Guilford
Guilford County, North Carolina
Guilford County is a county located in the U.S. state of North Carolina. In 2010, the Census Bureau estimated the county's population to be 491,230. Its seat is Greensboro. Since 1938, an additional county court has been located in High Point, North Carolina, making Guilford one of only a handful...

, Randolph
Randolph County, North Carolina
-Notable people:*Naomi Wise, murder victim*Richard Petty - Nascar driver.*Lee Petty - Nascar pioneer. Richard Petty's father.*Kyle Petty - Nascar driver. Son of Richard Petty*Adam Petty - Nascar driver. Kyle Petty's son...

, and Rockingham
Rockingham County, North Carolina
Rockingham County is a county located in the U.S. state of North Carolina. As of 2010, the population was 93,643. Its county seat is Wentworth.- History :The county was formed in 1785 from Guilford County...

 counties.

The Rockingham
Rockingham, North Carolina
Rockingham is a city in Richmond County, North Carolina, United States named after the Marquis of Rockingham. The population was 9,672 at the 2000 census. It is the county seat of Richmond County...

 division hears cases for: Hoke
Hoke County, North Carolina
-Demographics:As of the census of 2010, there were 46,952 people, 11,373 households, and 8,745 families residing in the county. The population density was 86 people per square mile . There were 12,518 housing units at an average density of 32 per square mile...

, Montgomery
Montgomery County, North Carolina
-Demographics:As of the census of 2000, there were 26,822 people, 9,848 households, and 7,189 families residing in the county. The population density was 55 people per square mile . There were 14,145 housing units at an average density of 29 per square mile...

, Moore
Moore County, North Carolina
Moore County is a county located in the U.S. state of North Carolina. As of 2000, the population was 74,769. Its county seat is Carthage.- History :The county was formed in 1784 from Cumberland County...

, Richmond
Richmond County, North Carolina
-Demographics:As of the census of 2000, there were 46,564 people, 17,873 households, and 12,582 families residing in the county. The population density was 98 people per square mile . There were 19,886 housing units at an average density of 42 per square mile...

, and Scotland
Scotland County, North Carolina
-Demographics:As of the census of 2000, there were 35,998 people, 13,399 households, and 9,674 families residing in the county. The population density was 113 people per square mile . There were 14,693 housing units at an average density of 46 per square mile...

.

The Salisbury
Salisbury, North Carolina
Salisbury is a city in Rowan County in North Carolina, a state of the United States of America. The population was 33,663 in the 2010 Census . It is the county seat of Rowan County...

 division includes: Cabarrus
Cabarrus County, North Carolina
-Demographics:As of the census of 2000, there were 131,063 people, 49,519 households, and 36,545 families residing in the county. The population density was 360 people per square mile . There were 52,848 housing units at an average density of 145 per square mile...

, Davidson
Davidson County, North Carolina
-Demographics:As of the census of 2010, there were 149,331 people, 58,156 households, and 42,512 families residing in the county. The population density was 267 people per square mile . There were 62,432 housing units at an average density of 113 per square mile...

, Davie
Davie County, North Carolina
- Wine region :Portions of Davie County are located in the Yadkin Valley AVA, an American Viticultural Area. Wines made from grapes grown in the Yadkin Valley AVA may use the appellation Yadkin Valley on their labels.-Demographics:...

, Rowan
Rowan County, North Carolina
-Demographics and economics:As of the census of 2010, there were 138,428 people, 53,140 households, and 37,058 families residing in the county. The population density was 270.7 people per square mile . There were 60,211 housing units at an average density of 117.7 per square mile...

, and Stanly
Stanly County, North Carolina
-Demographics:As of the census of 2010, there were 60,585 people. In 2000 there were 22,223 households, and 16,156 families residing in the county. The population density was 147 people per square mile . There were 24,582 housing units at an average density of 62 per square mile...

 counties.

The Winston-Salem
Winston-Salem, North Carolina
Winston-Salem is a city in the U.S. state of North Carolina, with a 2010 population of 229,617. Winston-Salem is the county seat and largest city of Forsyth County and the fourth-largest city in the state. Winston-Salem is the second largest municipality in the Piedmont Triad region and is home to...

 division covers: Forsyth
Forsyth County, North Carolina
-Demographics:As of the census of 2000, there were 306,067 people, 123,851 households, and 81,741 families residing in the county. The population density was 747 people per square mile . There were 133,093 housing units at an average density of 325 per square mile...

, Stokes
Stokes County, North Carolina
-Demographics:As of the census of 2000, there were 44,711 people, 17,579 households, and 13,043 families residing in the county. The population density was 99 people per square mile . There were 19,262 housing units at an average density of 43 per square mile...

, Surry
Surry County, North Carolina
Surry County is a county located in the U.S. state of North Carolina. As of 2010, the population was 73,673. Its county seat is Dobson.- History :The county was formed in 1771 from Rowan County...

, and Yadkin
Yadkin County, North Carolina
- Cities and towns :*Boonville*East Bend*Jonesville*Yadkinville-Towns of the past:These towns were incorporated at one time:*Arlington, merged with Jonesville in 2001.*Hamptonville, chartered in 1818.*Huntsville, incorporated in 1792....

 counties.

History

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

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. 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
United States District Court for the Eastern District of North Carolina
The United States District Court for the Eastern District of North Carolina is the United States District Court that serves the eastern 44 counties in North Carolina. Appeals from the Eastern District of North Carolina are taken to the United States Court of Appeals for the Fourth Circuit The...

 and Western
United States District Court for the Western District of North Carolina
The United States District Court for the Western District of North Carolina is a Federal district court which covers the western third of North Carolina....

, by 17 Stat. 215. The Middle District was created from portions of the Eastern and Western Districts on March 2, 1927, by 44 Stat. 1339. Shortly thereafter, President Calvin Coolidge
Calvin Coolidge
John Calvin Coolidge, Jr. was the 30th President of the United States . A Republican lawyer from Vermont, Coolidge worked his way up the ladder of Massachusetts state politics, eventually becoming governor of that state...

 appointed Johnson Jay Hayes
Johnson Jay Hayes
Johnson Jay Hayes was a United States federal judge.Hayes was born in Purlear, North Carolina. He received an LL.B. from Wake Forest College in 1909. He was in private practice in Wilkesboro, North Carolina from 1909 to 1915. He was a Prosecuting attorney of 17th North Carolina Judicial District...

 by recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...

 to be the first judge of the Middle District of North Carolina.

Current judges

Three magistrate judges also serve the district: Magistrate Judge P. Trevor Sharp; Magistrate Judge Patrick Auld; and Magistrate Judge Wallace Dixon.

Former judges

Judge Appointed by Began active
service
Ended active
service
Ended senior
status
End reason
Frank William Bullock Jr.
Frank William Bullock Jr.
Frank William Bullock Jr. is a former United States federal judge.Bullock was born in Oxford, North Carolina. He received a B.S. from University of North Carolina at Chapel Hill in 1961 and an LL.B. from University of North Carolina School of Law in 1963. He was a law clerk for the Hon. Algernon...

Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....

retirement
Richard Erwin
Richard Erwin
Richard Cannon Erwin was an American jurist and politician who was the first African American to be elected to statewide office in North Carolina.After serving in the United States Army, Erwin graduated from Johnson C...

Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...

death
Eugene Andrew Gordon
Eugene Andrew Gordon
Eugene Andrew Gordon was a United States federal judge.Born in Brown Summit, North Carolina, Gordon received an A.B. from Elon College in 1941 and an LL.B. from Duke University School of Law in 1941. He was in private practice in Alamance County, North Carolina from 1941 to 1942. He was in the...

Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...

}||||||death
|-
| Johnson Jay Hayes
Johnson Jay Hayes
Johnson Jay Hayes was a United States federal judge.Hayes was born in Purlear, North Carolina. He received an LL.B. from Wake Forest College in 1909. He was in private practice in Wilkesboro, North Carolina from 1909 to 1915. He was a Prosecuting attorney of 17th North Carolina Judicial District...

||Calvin Coolidge
Calvin Coolidge
John Calvin Coolidge, Jr. was the 30th President of the United States . A Republican lawyer from Vermont, Coolidge worked his way up the ladder of Massachusetts state politics, eventually becoming governor of that state...

||||||||death
|-
| William Lindsay Osteen, Sr.
William Lindsay Osteen, Sr.
William Lindsay Osteen was a United States federal judge.Osteen was born in Greensboro, North Carolina. He received an A.B. from Guilford College in 1953. He received an LL.B. from the University of North Carolina School of Law in 1956. He was in the United States Army Reserve from 1948 to 1951...

||George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...

||||||||retirement
|-
| L. Richardson Preyer
L. Richardson Preyer
Lunsford Richardson Preyer , who typically went by 'Richardson' or 'Rich,' was a jurist and a U.S. representative in Congress from North Carolina. He was the grandson of inventor Lunsford Richardson...

||John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....

||||||–||resignation
|-
| Edwin Monroe Stanley
Edwin Monroe Stanley
Edwin Monroe Stanley was a United States federal judge.Stanley was born in Forsyth County, North Carolina. He received an LL.B. from Wake Forest University School of Law in 1931. He was in private practice of law in Greensboro, North Carolina from 1931 to 1954. He was a judge of the Greensboro...

||Dwight D. Eisenhower
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...

||||||–||death
|-
| Hiram Hamilton Ward
Hiram Hamilton Ward
Hiram Hamilton Ward was a United States federal judge.Ward was born in Thomasville, North Carolina. He received an LL.B. from Wake Forest University School of Law in 1950. He served in the United States Army Air Force from 1940 to 1945. He was in private practice in Denton, North Carolina from...

||Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...

||||||||death
|}

U.S. Attorneys for the Middle District

  • Frank A. Linney (1927–1928)
  • Edwin L. Gavin (1928–1932)
  • John R. McCrary (1932–1934)
  • Carlisle W. Higgins
    Carlisle W. Higgins
    Carlisle Wallace Higgins was a North Carolina attorney and jurist. He was a native of Alleghany County, North Carolina.Higgins served in both houses of the North Carolina General Assembly before being appointed U.S. Attorney for the Middle District of North Carolina by President Franklin D....

     (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.
    William Lindsay Osteen, Sr.
    William Lindsay Osteen was a United States federal judge.Osteen was born in Greensboro, North Carolina. He received an A.B. from Guilford College in 1953. He received an LL.B. from the University of North Carolina School of Law in 1956. He was in the United States Army Reserve from 1948 to 1951...

     (1969–1974)
  • N. Carlton Tilley, Jr. (1974–1977)
  • Benjamin H. White, Jr. (1977)
  • Mickey Michaux
    Mickey Michaux
    Henry M. "Mickey" Michaux, Jr. is a Democratic member of the North Carolina General Assembly representing the state's thirty-first House district since 1983. He previously served from 1973 through 1977. His district includes constituents in Durham County. , Michaux is the longest-serving African...

     (1977–1980)
  • Kenneth W. McAllister (1981–1986)
  • Robert H. Edmunds, Jr.
    Robert H. Edmunds, Jr.
    Robert Holt Edmunds, Jr. is an American judge, currently an Associate Justice of the North Carolina Supreme Court.Born in Danville, Virginia, Edmunds moved to Greensboro, North Carolina at the age of 8. He attended Woodberry Forest School and Williams College before graduating with honors from...

     (1986–1993)
  • Benjamin H. White, Jr. (1993)
  • Walter C. Holton, Jr. (1994–2001)
  • Anna Mills Wagoner (2001–2010)
  • Ripley Rand
    Ripley Rand
    Ripley Eagles Rand is a North Carolina attorney and jurist who was confirmed in late 2010 as the United States Attorney for the Middle District of North Carolina. President Barack Obama nominated him to the post on July 28, 2010....

     (2010-present)

See also


External links

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