Local Rule Rule 72.4: Review and Appeal
E.D.N.C. — Civil rule
Rule 72.4 Review and Appeal
(a) Appeal of Non-Dispositive Matters – 28 U.S.C. § 636(b)(1)(A).
(1) Any aggrieved party or nonparty may appeal from a magistrate judge's order determining a motion or matter under Local Civil Rule 72.3(b) within 14 days after service of the magistrate judge's order, unless a different time is prescribed by the magistrate judge or a judge. The appealing person shall file with the clerk, and serve on the magistrate judge and all parties, a written statement of appeal that shall specifically designate the order, or part thereof, appealed from and the basis for any objection thereto. Any opposing party or nonparty may respond to another person's statement of appeal within 14 days after being served with a copy thereof, unless otherwise ordered by the court.
(2) The statement of appeal must comply with the length limits in Local Civil Rules 7.2(f)(2)(B) and 7.2(f)(3)(B). Any response to a statement of appeal must comply with the same length limits.
(3) Replies are not permitted without leave of court.
(4) A judge shall consider the appeal and shall set aside any portion of the magistrate judge's order found to be clearly erroneous or contrary to law. The judge may also reconsider sua sponte any matters determined by a magistrate judge under this local rule.
(b) Review of Case-Dispositive Motions and Prisoner Litigation – 28 U.S.C. § 636(b)(1)(B).
(1) Any party may object to a magistrate judge's proposed findings, recommendations, or report under 28 U.S.C. § 636(b)(1)(B) within 14 days after being served with a copy thereof. Such party shall file with the clerk, and serve all parties, written objections that shall specifically identify the portions of the proposed findings, recommendations, or report to which objection is made and the basis for such objection. Any party may respond to another party's objections within 14 days after being served with a copy thereof, unless otherwise ordered by the court.
(2) Objections must comply with the length limits in Local Civil Rules 7.2(f)(2)(B) and 7.2(f)(3)(B). Any response to objections must comply with the same length limits.
(3) Replies to responses are not permitted without leave of court.
(4) A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, needs to conduct a new hearing only in his or her discretion or where required by law and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses, or recommit the matter to the magistrate judge with instructions.
(c) Special Master Reports – 28 U.S.C. § 636(b)(2).
Any party may seek review of or action on a special master report filed by a magistrate judge in accordance with the provisions of Fed. R. Civ. P. 53(e).
(d) Appeal from Judgments in Civil Cases Disposed of on Consent of the Parties – 28 U.S.C. § 636(c).
Upon the entry of judgment in any civil case disposed of by a magistrate judge on consent of the parties under authority of 28 U.S.C. § 636(c), an aggrieved party may appeal directly to the United States Court of Appeals for this circuit in the same manner as an appeal from any other judgment of this court.
(e) Appeals from Other Orders of a Magistrate Judge.
Appeals from any other decisions and orders of a magistrate judge not provided for in this rule should be taken as provided by governing statute, rule, or decisional law.