Local Rule LR Cr 57.2: AUTHORITY OF MAGISTRATE JUDGES IN CRIMINAL CASES

LR Cr 57.2 AUTHORITY OF MAGISTRATE JUDGES IN CRIMINAL CASES

(a) Authority and Duties. A full-time or recalled magistrate judge shall perform any duties assigned by the Court or by a district judge and, in doing so, may exercise all powers conferred upon full-time magistrate judges pursuant to 28 U.S.C. § 636.

(b) Vacating Referrals. A district judge who has referred any matter to a magistrate judge may, in his or her discretion, vacate the reference at any time.

(c) Objections to Rulings on Nondispositive Matters.

(1) Time for Objections. An objection to an order or other ruling by a magistrate judge in a nondispositive matter referred under Fed. R. Crim. P. 59(a) shall be filed and served within 14 days after such order or ruling is served. The objecting party shall also order a transcript of any evidentiary hearing(s) before the magistrate judge within the same 14-day period.

(2) Content of Objections. An objection to a magistrate judge's order or ruling in a nondispositive matter shall set forth the basis of the objection and comply with LR Cr 47.

(3) Responses and Replies. A response to an objection shall be served and filed within 14 days after the objection is served. The objecting party may serve and file a reply to the response within 7 days thereafter. Unless otherwise permitted or required by the Court, nothing further shall be filed in support of or in response to an objection to a magistrate judge's order or ruling. Any response and/or reply shall comply with LR Cr 47.

(d) Objections to Reports and Recommendations.

(1) Time for Objections. Any objection to a Report and Recommendation by a magistrate judge shall be filed and served within 14 days after such Report and Recommendation is served on the objecting party. The objecting party shall also order a transcript of any evidentiary hearing(s) before the magistrate judge within the same 14-day period.

(2) Content of Objections. An objection to a magistrate judge's Report and Recommendation shall specify the findings and/or recommendations to which objection is made and the basis for the objection. The objection shall comply with LR Cr 47.

(3) Responses and Replies. A response to an objection shall be served and filed within 14 days after the objection is served. The objecting party may serve and file a reply to the response within 7 days thereafter. Unless otherwise permitted or required by the Court, nothing further shall be filed in support of or in opposition to an objection to a magistrate judge's Report and Recommendation. Any response and/or reply shall comply with LR Cr 47.

Effective 12/1/17: §§(c)(2) and (d)(2) amended. Effective 12/15/14: §§(c)(3) and (d)(3) amended. Effective 12/2/13: §§(c)(1) – (c)(3) amended, and comment added. Effective 12/1/11: §§(c)(1), (c)(2), (d)(1), and (d)(2). The numerical references in this rule were altered as part of the restyling of numerical references throughout the Local Rules. Effective 12/1/09: §§(c)(1), (c)(3), (d)(1), and (d)(3) amended.

*COMMENT Under 18 U.S.C. §3145(a) and (b), a party may have a release or detention order issued by a magistrate judge reviewed by a district judge by filing a "motion" with the Court. However, since these orders relate to nondispositive matters referred to a magistrate judge under Fed. R. Crim. P. 59(a), parties may file a response to the motion for review of a release or detention order within 14 days after the motion is served, and the moving party may file a reply 14 days thereafter in line with LR Cr 57.2(c).

CROSS-REFERENCES See LR Cr 47 (Motions and Other Papers) and LR Cv 72 (duties of magistrate judge in civil matters). See also: Fed.R.Crim.P. 58 (duties of magistrate judge in misdemeanor and petty offense cases); 28 U.S.C. § 636 (setting forth jurisdiction and duties of magistrate judges); 18 U.S.C. §§ 3401-3402 (setting forth magistrate judges' jurisdiction to conduct trials of misdemeanors); and 18 U.S.C. §§ 3141-3146 (bail; release and detention orders).