Local Rule 304: MAGISTRATE JUDGES' AUTHORITY IN EXCEPTED PRETRIAL MATTERS
E.D. Cal. — General rule
RULE 304 (Fed. R. Civ. P. 72)
MAGISTRATE JUDGES' AUTHORITY IN EXCEPTED PRETRIAL MATTERS
(a) Determination. In accordance with 28 U.S.C. § 636(b)(1)(B) and (C), the Magistrate Judges shall hear, conduct such evidentiary hearings as are appropriate in, and submit to the assigned Judge proposed findings of fact and recommendations for the disposition of excepted pretrial motions referred in accordance with L.R. 302. The Magistrate Judge shall file the proposed findings and recommendations and shall serve all parties.
(b) Objections. Within fourteen (14) days after service of the proposed findings and recommendations on the parties, unless a different time is prescribed by the Court, any party may file, and serve on all parties, objections to such proposed findings and/or recommendations to which objection is made and the basis for the objection.
(c) Transcripts. If objection is made to a proposed finding or recommendation based upon a ruling made during the course of any evidentiary hearing, which ruling has not otherwise been reduced to writing, the party making such objection shall so indicate at the time of filing objections and shall forthwith cause a transcript of all relevant portions of the record to be prepared and filed.
(d) Response. Responses to objections shall be filed, and served on all parties, within fourteen (14) days after service of the objections.
(e) Notice and Argument. The timing requirements of L.R. 230 have no application to objections to proposed findings and recommendations under this Rule. No separate notice is required. The objections shall be referred to the assigned Judge automatically by the Clerk, promptly following the date for filing opposition, without the necessity of a specific motion for such reference by the parties. Unless otherwise ordered, requests in criminal actions shall be calendared by the courtroom deputy clerk upon request of any party filed with that party's objections or opposition thereto or upon the direction of the assigned Judge.
(f) Review. See Fed. R. Civ. P. 72(b).