Local Rule Rule 72.1: United States Magistrate Judges

Rule 72.1 United States Magistrate Judges

I. Authority of United States Magistrate Judges in Civil Matters.

(a) Duties under 28 U.S.C. § 636.

Each United States magistrate judge of this district is authorized to exercise the powers and perform the duties prescribed by 28 U.S.C. § 636(a).

(b) Prisoner Cases under 28 U.S.C. §§ 2254 and 2255.

A magistrate judge may perform any or all of the duties imposed upon a judge by the rules governing proceedings in the United States District Courts under 28 U.S.C. §§ 2254 and 2255, except signing CJA vouchers for compensation to be paid unless representation is furnished exclusively before a magistrate judge. 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 judge a report containing proposed findings of fact and recommendation for disposition of the petition by the judge. Any order disposing of the petition may be made only by a judge.

(c) Prisoner Cases under 42 U.S.C. § 1983.

A magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding and shall submit to a judge a report containing proposed findings of fact and recommendations for the disposition of complaints filed by prisoners challenging the conditions of their confinement.

(d) Special Master References.

Upon the consent of the parties, a magistrate judge may be designated by a judge to serve as a special master in any civil case in accordance with 28 U.S.C. § 636(b)(2) and Federal Rule of Civil Procedure 53.

(e) Other Duties.

A magistrate judge is also authorized to:

(1) Exercise general supervision of civil calendars, conduct calendar and status calls, and determine motions to expedite or postpone the trial of cases for the judges;

(2) Conduct pretrial conferences, settlement conferences, omnibus hearings, and related pretrial proceedings in civil cases;

(3) Conduct voir dire and select petit juries;

(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 assessed under the Federal Boat Safety Act of 1971, in accordance with 46 U.S.C. §§ 4311(d) and 12309(c);

(8) Conduct examinations of judgment debtors in accordance with Federal Rule of Civil Procedure 69;

(9) Conduct proceedings for initial commitment of narcotics addicts under Title III of the Narcotic Addict Rehabilitation Act, with the final determination and order of commitment to be made by the district judge assigned to the case; and

(10) Perform any additional duty that is not inconsistent with the Constitution and laws of the United States.

II. Assignment of Matters to Magistrate Judges in Civil Matters.

In General. In accordance with procedures adopted by the Board of Judges, each district judge shall have an assigned magistrate judge. Matters shall be referred to magistrate judges at the direction of the district judge to whom the case is assigned. The pairings, and the procedures for assignment of cases where parties have consented to the jurisdiction of a magistrate judge, will be posted on the Court's website.

III. Procedures before Magistrate Judges in Civil Matters.

(a) In General. In performing duties for the Court, a magistrate judge shall conform to all applicable provisions of federal statutes and rules, to the general procedural rules of this Court, and to the requirements specified in any order of reference from a judge.

(b) Special Provisions for the Disposition of Civil Cases by a Magistrate Judge on Consent of the Parties—28 U.S.C. § 636(c).

(1) Notice. The Clerk shall notify the parties in all civil cases that they may consent to have a magistrate judge conduct any or all proceedings in the case and order the entry of a final judgment. Such notice shall be provided to the plaintiff or the plaintiff's representative at the time an action is filed and to other parties as attachments to copies of the complaint and summons, when served. Additional notices may be furnished to the parties at later stages of the proceedings, and may be included with pretrial notices and instructions.

(2) Execution of Consent. The plaintiff shall be responsible for securing the execution of consent forms by the parties and for filing such forms with the Clerk of Court. Unless otherwise ordered by the district judge to whom the case is assigned, consent forms may be filed at any time prior to trial. No consent form will be made available nor will its contents be made known to any judge or magistrate judge, unless all parties have consented to the reference to a magistrate judge.

(3) Reference. After receipt and approval of the signed consent form by the presiding judge, the Clerk shall reassign the case to the magistrate judge to whom it was referred.

IV. Reconsideration and Appeal in Civil Matters.

(a) Reconsideration of Non-Dispositive Matters—28 U.S.C. § 636(b)(1)(A).

Any party may object to a magistrate judge's order determining a motion or matter under 28 U.S.C. § 636(b)(1)(A), within fourteen (14) days after issuance of the magistrate judge's order, unless a different time is prescribed by the magistrate judge or a judge. Such party shall file with the Clerk, and serve on the magistrate judge and all parties, a written statement of objections which shall specifically designate the order objected to and the basis for such objection.

(b) Review of Case-Dispositive Motions and Prisoner Litigation—28 U.S.C. § 636(b)(1)(B).

Any party may object to a magistrate judge's proposed findings, recommendations, or report under 28 U.S.C. § 636(b)(1)(B), and subsections 1(c) and (d) of this Rule within fourteen (14) days after being served with a copy thereof. Written objections shall be filed with the Clerk and served on the magistrate judge and all parties. Objections must specifically identify the portions of the proposed findings, recommendations, or report to which objection is made and the basis for such objections. Any party may respond to another party's objections within fourteen (14) days after being served with a copy thereof.

(c) All issues and evidence shall be presented to the magistrate judges, and unless the interest of justice requires it, new issues and evidence shall not be raised after the filing of the Magistrate Judge's Report and Recommendation if they could have been presented to the magistrate judge.