Local Rule Rule 72.3: Authority of Magistrate Judge
E.D.N.C. — Civil rule
Rule 72.3 Authority of Magistrate Judge
(a) Duties Under 28 U.S.C. § 636(a).
A magistrate judge is authorized to perform the duties prescribed by 28 U.S.C. § 636(a).
(b) Determination of Non-Dispositive Pretrial Matters – 28 U.S.C. § 636(b)(1)(A).
A magistrate judge may hear and determine any procedural or discovery motion or other pretrial matter in a civil case, other than the motions specified in subsection (c)(1) of this rule.
(c) Recommendations Regarding Case-Dispositive Motions – 28 U.S.C. § 636(b)(1)(B).
(1) A magistrate judge may submit to a district judge a report containing proposed findings of fact and recommendations for disposition by the district judge of the following pretrial motions:
a. Motions for injunctive relief, including temporary restraining orders and preliminary and permanent injunctions; b. Motions for judgment on the pleadings; c. Motions for summary judgment; d. Motions to dismiss or permit the maintenance of a class action; e. Motions to dismiss for failure to state a claim upon which relief may be granted; f. Motions to involuntarily dismiss an action; g. Motions for review of default judgments.
(2) A magistrate judge may determine any preliminary matters and conduct any necessary evidentiary hearing or other proceeding arising in the exercise of the authority conferred by this rule.
(d) Prisoner Cases Under 28 U.S.C. § 2254 and § 2255.
A magistrate judge may perform any or all of the duties imposed upon a district judge by the rules governing proceedings in the United States district courts under 28 U.S.C. § 2254 and § 2255. In so doing, a magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding and shall submit to a district judge a report containing proposed findings of fact and recommendations for disposition of the petition by the district judge. Any order disposing of the petition shall be made only by a district judge.
(e) Prisoner Civil Rights Actions.
A magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding and shall submit to a district judge a report containing proposed findings of fact and recommendations for the disposition of petitions filed by prisoners challenging the conditions of their confinement.
(f) Special Master References.
A magistrate judge may be designated by a district judge to serve as special master in appropriate civil cases in accordance with 28 U.S.C. § 636(b)(2) and Fed. R. Civ. P. 53. Upon the consent of the parties, a magistrate judge may be designated by a district judge to serve as special master in any civil case, notwithstanding the limitations of Fed. R. Civ. P. 53(b).
(g) Conduct of Trial and Disposition of Civil Cases upon Consent of the Parties – 28 U.S.C. § 636(c).
Subject to the provisions of Local Civil Rule 72.2(c), a specially designated magistrate judge may conduct any or all proceedings in any civil case that is filed in this court and assigned to the magistrate judge, including the conduct of a jury or non-jury trial, and may order the entry of a final judgment in accordance with 28 U.S.C. § 636(c). In the course of conducting such proceedings, the magistrate judge may hear and determine any and all pretrial and post-trial motions, including case-dispositive motions.
(h) Other Duties.
A magistrate judge is also authorized to:
(1) exercise general supervision of calendars, conduct calendar and status calls, and determine motions to expedite or postpone the trial of cases;
(2) conduct discovery conferences, pretrial conferences, settlement conferences, omnibus hearings, and related pretrial proceedings;
(3) conduct voir dire and select petit juries for the court;
(4) accept petit jury verdicts in civil cases in the absence of a judge;
(5) issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad prosequendum, or other orders necessary to obtain the presence of parties, witnesses, or evidence needed for court proceedings;
(6) order the exoneration or forfeiture of bonds;
(7) conduct proceedings for the collection of civil penalties of not more than $200.00 assessed under the Federal Boat Safety Act of 1971, in accordance with 46 U.S.C. §§ 4311(e) and 12309(c);
(8) perform the duties specified by the Federal Debt Collection Procedures Act of 1990, 28 U.S.C. § 3001 et seq.;
(9) exercise contempt authority in accordance with 28 U.S.C. § 636(e); and
(10) perform any additional duty consistent with the Constitution and laws of the United States.