Local Rule LCvR 72.3: REFERRAL OF MATTERS FOR REPORT AND RECOMMENDATION BY MAGISTRATE JUDGES

LCvR 72.3 REFERRAL OF MATTERS FOR REPORT AND RECOMMENDATION BY MAGISTRATE JUDGES

(a) MATTERS REFERABLE TO A MAGISTRATE JUDGE FOR REPORT AND RECOMMENDATION.

At the request of the district judge to whom the case is assigned, a magistrate judge may conduct hearings, including evidentiary hearings, and submit to the district judge proposed findings of fact and recommendations for the disposition of:

(1) Prisoner petitions challenging conditions of confinement.

(2) Motions for injunctive relief (including temporary restraining orders and preliminary injunctions);

(3) Motions for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, or otherwise to dismiss an action involuntarily;

(4) Motions to set aside default judgments;

(5) Petitions for judicial review of administrative determinations; and

(6) Petitions for civil commitment arising under Title III of the Narcotic Addict Rehabilitation Act of 1966, 18 U.S.C. § 4251, et.seq.

(7) Motions for attorney fees.

(b) OBJECTIONS TO RECOMMENDATIONS OF THE MAGISTRATE JUDGE.

Any party may file for consideration by the district judge written objections to the magistrate judge's proposed findings and recommendations issued under paragraph (a) within 14 days after being served with a copy thereof. The objections shall be denominated "Objections to the Magistrate Judge's Proposed Findings and Recommendations." The objections shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for the objection. The filing of oppositions and replied shall be governed by LCvR 7(b) and (d).

Failure to file timely objections may waive appellate review of a District Court order adopting the magistrate judge's report. All magistrate judge's reports shall contain a notice substantially as follows:

Failure to file timely objections to the findings and recommendations set forth in this report may waive your right of appeal from an order of the District Court adopting such findings and recommendations. See Thomas v. Arn, 474 U.S. 140 (1985).

(c) DETERMINATION BY THE COURT.

A district judge shall make a de novo determination of those portions of a magistrate judge's findings and recommendations to which objection is made as provided in paragraph (b). A district judge may make a determination based solely on the record developed before the magistrate judge, or may conduct a new hearing, receive further evidence, and recall witnesses. A district judge may accept, reject, or modify, in whole or in part, the findings and recommendations of the magistrate judge, or may recommit the matter to the magistrate judge with instructions.

COMMENT TO LCvR 72.3: The Rule has been revised to remove any references to criminal procedure. Moreover, the Rule is intended to make clear that objections to the magistrate judge's proposed findings and recommendations should not be called motions for reconsideration and are to be directed to the district judge.