Local Rule Rule 72.3: PRISONER CASES CHALLENGING CONDITIONS OF CONFINEMENT, INCLUDING CASES UNDER 42 U.S.C. § 1983

Rule 72.3 PRISONER CASES CHALLENGING CONDITIONS OF CONFINEMENT, INCLUDING CASES UNDER 42 U.S.C. § 1983

(a) Magistrate Judge Duties. A magistrate judge may perform any or all of the duties imposed upon a district judge in proceedings involving challenges by a prisoner to conditions of confinement. However, an order disposing of the complaint must be made by a district judge. A magistrate judge may issue preliminary orders, conduct evidentiary hearings or other proceedings and may submit to a district judge findings of fact and recommendations for final disposition of the action.

(b) Initial Review. The district judge shall conduct an initial review of the complaint to determine if the complaint is frivolous on its face. If the complaint appears to state a claim for relief, the district judge may either retain the case or refer it to a magistrate judge. If the complaint is not frivolous on its face, the Court shall enter an order allowing plaintiff to proceed with service or, if the plaintiff is authorized to proceed in forma pauperis, the Court shall enter an order directing the Clerk of Court to immediately notify the named defendant(s) that an action has been commenced and request that defendant(s) waive service of summons pursuant to Fed. R. Civ. P. 4(d). The defendant(s) shall respond in accordance with Fed. R. Civ. P. 4(d) and 12. If a defendant refuses waiver of service, the Court shall order service in accordance with Fed. R. Civ. P. 4(c)(3).

(c) Evidentiary Hearing. A district judge or magistrate judge may set and conduct an evidentiary hearing after an answer or motion to dismiss is filed. The plaintiff and out-of-town witnesses shall appear at hearings by telephone, unless otherwise ordered by the Court. The parties may be required to submit proposed findings of fact and conclusions of law.

(d) Filing Fees. Before an action challenging conditions of confinement is reviewed by the district judge or magistrate judge, the prisoner must pay the appropriate filing fee or file a motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. If the Court grants the motion for leave to proceed in forma pauperis, the prisoner shall be required to pay the filing fee in the manner set forth in 28 U.S.C. § 1915.

(e) Forms. Upon request, the Clerk of Court shall provide forms for civil rights complaints under 42 U.S.C. § 1983 and motions for leave to proceed in forma pauperis.

(f) Motions. The filing and briefing of any motions and responses thereto shall be subject to the provisions of Local Rule 7.1.