Local Rule LR 72.1: Authority of United States Magistrate Judges

LR 72.1 - Authority of United States Magistrate Judges a. Duties Under 28 U.S.C. § 636(a). A United States magistrate judge of this Court is authorized to perform the duties prescribed by 28 U.S.C. § 636(a), and may: 1. Conduct scheduling, settlement and pretrial conferences, and related pretrial proceedings in civil cases; 2. Issue summonses, warrants, and search warrants; appoint attorneys; conduct proceedings under Fed. R. Crim. P. 5 and 32.1 and under 18 U.S.C. § 3141 et seq., including initial appearances, detention hearings and arraignments; 3. Issue subpoenas or other orders necessary to obtain the presence of parties, witnesses, or evidence needed for court proceedings; 4. Receive grand jury returns in accordance with Fed. R. Crim. P. 6(f); 5. Accept waivers of indictments pursuant to Fed. R. Crim. P. 7(b); 6. Conduct voir dire and select petit and grand juries for the Court; 7. Accept petit jury verdicts when the district judge is unavailable, in a manner consistent with the Constitution and laws of the United States; 8. Take a felony guilty plea when the defendant consents; 9. Order the exoneration or forfeiture of bonds; 10. Conduct naturalization ceremonies; 11. Conduct extradition proceedings in accordance with 18 U.S.C. § 3184; 12. Conduct proceedings for the collection of civil penalties of not more than $200 assessed under the Federal Boat Safety Act of 1971 in accordance with 46 U.S.C. § 12309(c); 13. Conduct examinations of judgment debtors in accordance with Fed. R. Civ. P. 69; 14. Perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109 regarding proceedings for verification of appointment of counsel therein; 15. Conduct hearings to modify, revoke, or terminate supervised release, including evidentiary hearings, and to submit to the district judge proposed findings of fact and recommendations for such modification, revocation, or termination by the district judge, including, in the case of revocation, a recommended disposition under section 18 U.S.C. § 3583(e); and 16. Perform any additional duty not inconsistent with the Constitution and Laws of the United States.

b. Disposition of Misdemeanor Cases. A magistrate judge may: 1. Try persons accused of, and sentence persons convicted of, misdemeanors in accordance with 18 U.S.C. § 3401 and Fed. R. Crim. P. 58; 2. Direct the probation office of the Court to conduct a presentence investigation in any misdemeanor case; 3. Conduct jury trials in misdemeanor cases when the defendant consents and is entitled to trial by jury under the Constitution and laws of the United States; and 4. Grant probation and revoke, modify, reinstate or terminate the probation of any person granted probation by a magistrate judge in a misdemeanor case.

c. Conduct of Trials and Disposition of Civil Cases Upon Consent of the Parties. Upon the consent of the parties, a magistrate judge may conduct any or all proceedings in any civil case, including the conduct of a jury or nonjury trial, and may order the entry of a final judgment, in accordance with 28 U.S.C. § 636(c). In the course of conducting such proceedings, a magistrate judge may hear and determine any and all pretrial and post-trial motions that are filed by the parties, including case-dispositive motions.

d. Recommendations Regarding Case-Dispositive Motions. In accordance with 28 U.S.C. § 636(b)(1)(B), a magistrate judge may submit to a district judge a report containing proposed findings of fact and recommendations for disposition by the district judge of the following pretrial motions in civil and criminal cases: 1. Motions for injunctive relief, including temporary restraining orders and preliminary and permanent injunctions; 2. Motions for judgment on the pleadings; 3. Motions for summary judgment; 4. Motions to dismiss or permit the maintenance of a class action; 5. Motions to dismiss for failure to state a claim upon which relief may be granted; 6. Motions to involuntarily dismiss an action; 7. Motions for review of default judgment; 8. Motions to dismiss or quash an indictment or information made by a defendant; and 9. Motions to suppress evidence in a criminal case. A magistrate judge may determine any preliminary matters and conduct any necessary evidentiary hearings or other proceedings arising in the exercise of the authority conferred by this subsection.

e. Prisoner Cases Under 28 U.S.C. §§ 2241, 2254, and 2255. A magistrate judge may perform any or all of the duties imposed upon a judge by the rules governing proceedings in the United States District Courts under 28 U.S.C. §§ 2241, 2254, and 2255. A magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding and submit to a district judge a report containing proposed findings of fact and recommendations for disposition of the petition by the judge. Upon the consent of the parties, a magistrate judge may conduct any or all proceedings in such cases and may order the entry of a final judgment, in accordance with 28 U.S.C. § 636(c).

f. Prisoner Cases Under 42 U.S.C. § 1983 and Bivens Cases. A magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding, and submit to a district judge a report containing proposed findings of fact and recommendations for the disposition of petitions filed by prisoners pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 402 U.S. 388, 91 S.Ct. 1999, 29 L. Ed. 2d 619 (1971). Upon the consent of the parties, a magistrate judge may conduct any or all proceedings in such cases, including the conduct of a jury or nonjury trial, and may order the entry of a final judgment, in accordance with 28 U.S.C. § 636(c).

g. Special Master References. A magistrate judge may be designated by a district judge to serve as a special master in appropriate civil cases in accordance with 28 U.S.C. § 636(b)(2) and Fed. R. Civ. P. 53.