Local Rule Rule 301: Authority of United States Magistrate Judges

RULE 301. AUTHORITY OF UNITED STATES MAGISTRATE JUDGES

1. Geographical Jurisdiction

All magistrate judges have jurisdiction to try, hear, and determine cases within their original and referred jurisdiction throughout the entire District of Maryland and in such cases arising in adjoining districts pursuant to separate authorizations.

2. Recording

All court proceedings before magistrate judges shall be recorded either electronically or by a court reporter.

3. Criminal Cases

All magistrate judges are specially designated to conduct criminal cases with the consent of the defendant, including trial, judgment, sentence, and revocation of probation or supervised release, in conformity with and subject to the limitations of 18 U.S.C. § 3401, Fed. R. Crim. P. 58, and any other applicable law of the United States. All full-time magistrate judges may conduct a jury trial in any misdemeanor case when the defendant so requests and is entitled to trial by jury under the Constitution and laws of the United States.

4. Civil Cases

Pursuant to 28 U.S.C. § 636(c), with the consent of the parties, a district judge may designate a full-time magistrate judge to conduct any or all proceedings, including trial, in a jury or non-jury civil matter, and to order the entry of final judgment in the case. Cases referred to a magistrate judge shall be randomly assigned.

Upon the filing of any civil case, the Clerk of Court shall notify the parties of their right to proceed by consent before a magistrate judge.

5. Authority Under 28 U.S.C. § 636(b)

a) Nondispositive Matters

Pursuant to 28 U.S.C. § 636(b), a district judge may designate a full-time magistrate judge to hear and determine (including the passage of final orders as to all or any part of) any pretrial matter pending before the Court except those listed in L.R. 301.5.b below. Nondispositive pretrial matters include, but are not limited to, discovery disputes and pretrial orders under Fed. R. Civ. P. 16.

Any objection to a magistrate judge's order must be served and filed within fourteen (14) days after service of the order. Unless otherwise ordered by the magistrate judge who issued the order or the district judge who designated the magistrate judge to hear and determine the matter, the filing of objections to the magistrate judge's order shall not operate as a stay of any obligation or deadline imposed by the order. A district judge may reconsider, modify, or set aside any portion of the magistrate judge's order found to be clearly erroneous or contrary to law.

b) Dispositive Matters

Pursuant to 28 U.S.C. § 636(b), a district judge may designate a full-time magistrate judge to conduct hearings, if necessary, including evidentiary hearings, and to submit to the district judge proposed findings of fact and recommendations for action to be taken by the district judge as to any of the following:

i. a motion for injunctive relief;

ii. a motion for judgment on the pleadings;

iii. a motion for summary judgment;

iv. a motion by a defendant to dismiss or quash an indictment or information;

v. a motion to suppress evidence in a criminal case;

vi. a motion to dismiss or permit maintenance of a class action;

vii. a motion to dismiss for failure to state a claim upon which relief can be granted;

viii. a motion to involuntarily dismiss an action;

ix. a motion to review an administrative determination as to Social Security or related benefits, pursuant to 42 U.S.C. § 405(g);

x. prisoner petitions challenging conditions of confinement; and

xi. applications for post-trial relief under 28 U.S.C. § 2254 and § 2255 made by individuals convicted of criminal offenses.

Any objections must be served and filed within fourteen (14) days after a copy of the proposed findings and recommendations is served on the party wishing to object, pursuant to Fed. R. Civ. P. 72(b). When the proceedings before the magistrate judge have been electronically recorded, transcription of the record shall not be necessary unless otherwise directed by the Court.

The district judge shall make a de novo determination as to those portions of the proposed findings and recommendations to which specific objections are made. The district judge may accept, reject, or modify the recommended decision; may receive further evidence; or may recommit the matter to the magistrate judge with instructions.

c) Designation as Special Master

A district judge may designate a magistrate judge to serve as a special master pursuant to and in accordance with Fed. R. Civ. P. 53. With consent of the parties, such designation may be made without regard to the limitations of Fed. R. Civ. P. 53(b). Appeals from the decision of a magistrate judge designated as a special master pursuant to this Rule shall be taken in accordance with Fed. R. Civ. P. 53(e).

6. Other Duties

All magistrate judges are specially designated to exercise all powers heretofore held by United States Commissioners, to exercise all other powers authorized by 28 U.S.C. § 636(a) and (g), or any other applicable law, and to perform such additional duties as are not inconsistent with the Constitution and laws of the United States. These powers and duties include, but are not limited to, the following:

a. Consideration of criminal complaints and affidavits and issuance of arrest warrants or summonses pursuant to Fed. R. Crim. P. 3, 4, and 9.

b. Conduct of initial appearance proceedings for defendants pursuant to Fed. R. Crim. P. 5.

c. Conduct of preliminary examinations pursuant to Fed. R. Crim. P. 5.1 and 18 U.S.C. § 3060.

d. Receipt of grand jury returns pursuant to Fed. R. Crim. P. 6(f) and issuance of bench warrants on indictments pursuant to Fed. R. Crim. P. 9.

e. Acceptance of waivers of indictment pursuant to Fed. R. Crim. P. 7(b).

f. Conduct of preliminary hearings in probation or supervised release revocation proceedings pursuant to Fed. R. Crim. P. 32.1.

g. Conduct of initial proceedings pursuant to Fed. R. Crim. P. 5(c) for defendants charged in other districts.

h. Issuance of search and seizure warrants pursuant to Fed. R. Crim. P. 41.

i. Appointment of attorneys pursuant to 18 U.S.C. § 3006A and Fed. R. Crim. P. 44.

j. Issuance of orders concerning release or detention of defendants and material witnesses and forfeiture or exoneration of bond pursuant to 18 U.S.C. § 3141 et seq., and Fed. R. Crim. P. 32.1, 40, and 46.

k. Direction of the payment of basic transportation and subsistence expenses for released persons financially unable to bear such costs, pursuant to 18 U.S.C. §§ 4282 and 4285.

l. Issuance of orders permitting dismissals, on the government's motion, of violation notices, complaints, information, and indictments in criminal cases pursuant to Fed. R. Crim. P. 48(a).

m. Handling of arraignments in criminal cases pursuant to Fed. R. Crim. P. 10, including acceptance of not guilty pleas, scheduling of motions, scheduling of pretrial conferences and trials, and issuance of bench warrants for the arrest of a defendant who fails to appear for arraignment before the magistrate judge.

n. Conduct of initial proceedings upon the appearance of an individual accused of an act of juvenile delinquency pursuant to 18 U.S.C. § 5034.

o. Appointment of interpreters pursuant to 28 U.S.C. §§ 1827 and 1828 in cases initiated by the United States.

p. Under appropriate conditions and when an order is required, issuance of orders for lineups; photographs; fingerprinting; palmprinting; voice identification; mental or physical examination; the taking of blood, urine, fingernail, hair, or bodily secretion samples (with appropriate medical safeguards required by due process considerations); and handwriting exemplars.

q. Upon the request of the United States Attorney, (1) authorization of the installation of pen registers and trap and trace devices, and execution of orders directing the telephone company to assist the Government in such installation; (2) authorization of the installation of beeper devices ("transponders"), Global Positioning Satellite ("GPS") tracking devices, other tracking devices; and (3) authorization of the installation of devices ("clone beepers") which duplicate signals received on a contact beeper or similar device, and execution of orders directing the company or other person furnishing the contact beeper to assist the Government in such installation.

r. Issuance of orders (1) under the provisions of § 356 of the Tax Equity and Fiscal Responsibility Act of 1982 (P.L. 97-248) authorizing, pursuant to 26 U.S.C. § 6103 (as amended by P.L. 97-248), the disclosure of tax returns and return information for use in criminal proceedings, and (2) directing banks not to notify their customers of the issuance of subpoenas for financial records pursuant to 12 U.S.C. § 3409 or 12 U.S.C. § 3413(i).

s. Issuance of writs of habeas corpus ad testificandum and ad prosequendum.

t. Upon request of the United States Attorney, a magistrate judge shall have the authority to consider and approve an agreement between the Government and a defendant to defer prosecution in any petty offense or misdemeanor case for a period not to exceed one year from the date said agreement is approved by the magistrate judge.

u. Use of the services of the United States Probation Office for preparation of presentence investigations and other reports and recommendations.

v. Conduct of international extradition proceedings pursuant to 18 U.S.C. § 3184.

w. Appointment of counsel and performance of the verification functions set forth in 18 U.S.C. §§ 4107, 4108, and 4109 relating to proceedings for the transfer of offenders between the United States and foreign countries.

x. Issuance of warrants or orders permitting entry into and inspection of premises and/or seizure of property, as authorized by law, when properly requested by a government agency.

y. Issuance of show cause orders to enforce administrative summons or subpoenas.

z. Issuance of attachments, conduct of hearings, including evidentiary hearings, and submission to the district judge of proposed findings of fact and recommendations with respect to the disposition of a petition to enforce compliance with a summons issued by the Internal Revenue Service.

aa. Consideration and granting or denial of motions of litigants to proceed in forma pauperis, with appeal to a district judge.

ab. Appointment of counsel for indigent litigants pursuant to 28 U.S.C. § 1915(e)(1) and other statutes.

ac. Making special appointments to serve process pursuant to Fed. R. Civ. P. 4(c)(2).

ad. Organization of petit and grand juries.

ae. Conduct of voir dire and receipt of jury verdicts in civil and criminal cases being tried by a district judge, on consent of the parties.

af. Supervision of proceedings on requests for letters rogatory in civil and criminal cases pursuant to 28 U.S.C. § 1782.

ag. Execution of exemplifications of court records.

ah. Issuance of orders in mortgage foreclosure proceedings prior to ratification of sale.

ai. Ordering and conducting prejudgment remedy proceedings in accordance with 28 U.S.C. §§ 3101-3105.

aj. Ordering and conducting supplementary proceedings in accordance with Md. R. Proc. 2-633, upon the filing of an appropriate affidavit.

ak. Review and issuance of orders concerning confessed judgments pursuant to L.R. 108.1.b supra.

al. Review of default judgments and recommendations concerning damages.

am. Review of matters and issuance of orders under Local Admiralty Rule (LAR)(e)(4).

an. Issuance of orders for the deposit and withdrawal of registry funds in conjunction with matters over which magistrate judges exercise jurisdiction.

ao. Conduct of naturalization ceremonies.

ap. Admission of attorneys to the Bar of this Court.

aq. Any full-time magistrate judge is authorized to conduct proceedings for initial commitment of narcotics addicts under Title III of the Narcotics Addicts Rehabilitation Act.

The magistrate judge, after conducting such proceedings, shall recommend to the district judge the commitment of the addict or shall state his reasons for recommending against commitment. In a case where the magistrate judge recommends against commitment, the addict shall have a right to a hearing de novo before a district judge.

The magistrate judge's recommendation shall be transmitted forthwith to the chambers judge for appropriate action.

ar. All magistrate judges for the District of Maryland are specially designated to commit persons to St. Elizabeth's Hospital, Washington, D.C., in accordance with the provisions of the District of Columbia Code, § 21-902.

as. Issue orders for contempt of court as authorized by the Federal Courts Improvement Act of 2000, 28 U.S.C. § 636(e).

7. Part-time Magistrate Judges

Nothing in these Local Rules shall be deemed an assignment to part-time magistrate judges of additional duties under 28 U.S.C. § 636(b) other than those permitted by Rule 7 of the Conflict of Interest Rules for Part-Time Magistrate Judges adopted by the Judicial Conference pursuant to 28 U.S.C. § 632(b).