Local Rule 72.2: Referral of Matters to Magistrate Judges by this Rule

Rule 72.2 Referral of Matters to Magistrate Judges by this Rule

(A) Misdemeanor Cases. All misdemeanor cases, including those transferred to this District pursuant to Fed. R. Crim. P. 20, shall be assigned by the Clerk, upon the filing of an information, complaint, or violation notice, or the return of an indictment, to a magistrate judge, who shall proceed in accordance with the provisions of 18 U.S.C. § 3401 and of Fed. R. Crim. P. 58.

(B) Applications for Post-Trial Relief by Persons Convicted of Criminal Offenses and Other Cases Filed Under 28 U.S.C. §§ 2241, 2254, and 2255. Except in cases in which the death penalty has been imposed, all cases seeking post-trial or postconviction relief by persons convicted of state or federal offenses and all other cases arising under 28 U.S.C. §§ 2241, 2254, or 2255, shall be assigned to a district judge and, unless otherwise ordered, shall be referred by the Clerk to a full-time magistrate judge for all proceedings, including preliminary orders, conduct of necessary evidentiary hearings, and filing of a report and recommendation containing proposed findings of fact and conclusions of law and recommending disposition of the application or petition.

(C) Civil Rights Cases Filed by Prisoners. All prisoner petitions and complaints challenging conditions of confinement pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1331 (Bivens actions), or pursuant to similar statutes, shall be assigned to a district judge and, unless otherwise ordered, shall be referred by the Clerk to a full-time magistrate judge for all proceedings, including preliminary orders, conduct of necessary evidentiary hearings, and filing of a report and recommendation containing proposed findings of fact and conclusions of law and recommending disposition of the complaint.

(D) Social Security Cases and Other Administrative Proceedings. All actions brought under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) and related statutes, and all other actions to review administrative determinations on a developed administrative record shall be assigned to a district judge and, unless otherwise ordered, shall be referred by the Clerk to a magistrate judge for all proceedings, including preliminary orders, conduct of necessary hearings, and filing of a report and recommendation containing proposed findings of fact and conclusions of law and recommending disposition of the petition or complaint.

(E) Civil Cases Filed by Non-Prisoner Pro Se Litigants. All civil cases filed where one or more of the parties is a non-prisoner pro se litigant shall be assigned to a district judge and, unless otherwise ordered, shall be referred by the Clerk to a full time magistrate judge for all proceedings, including preliminary orders, conduct of necessary hearings, and filing of a report and recommendation containing proposed findings of fact and conclusions of law and recommending disposition of the case.

(F) Additional Duties. Absent an order by a district judge in a specific case to the contrary, the following additional matters shall routinely be referred by the Clerk to magistrate judges serving within the territorial jurisdiction of the Northern District of Florida when a magistrate judge is available, and magistrate judges to whom such matters have been referred shall have authority to:

(1) Issue criminal complaints and issue appropriate arrest warrants or summons;

(2) Issue search warrants pursuant to Fed. R. Crim. P. 41, and issue administrative search or inspection warrants;

(3) Review for probable cause and issue process upon any other application by the United States (for example, for seizure of real property in rem) for which there is evolving legal precedent indicating a need for a judicial finding of probable cause before proceeding;

(4) Issue warrants and orders as authorized by 18 U.S.C. § 2703 (disclosure of customer communications or records), 18 U.S.C. § 3123 (a pen register or a trap and trace device), or orders and writs pursuant to 28 U.S.C. § 1651(a) (all writs necessary or appropriate in aid of jurisdiction);

(5) Conduct initial appearances in felony cases, consider and determine motions for detention, impose conditions of release pursuant to 18 U.S.C. § 3142, conduct arraignments upon indictments for purposes of taking a not guilty plea, and issue scheduling orders setting trial;

(6) Appoint counsel for indigent persons pursuant to 18 U.S.C. § 3006A;

(7) Consider and determine motions for detention and impose conditions of release for material witnesses pursuant to 18 U.S.C. § 3144;

(8) Conduct preliminary hearings upon criminal complaints and determine probable cause;

(9) Conduct and determine removal hearings and issue warrants of removal;

(10) Conduct first appearances and preliminary hearings, by whatever name called, in proceedings for the revocation of parole, supervised release, mandatory release, or probation;

(11) Receive the return of indictments by the grand jury and issue process thereon;

(12) Hear and order discharge of indigent prisoners or persons imprisoned for debt under process or execution issued by a federal court pursuant to 18 U.S.C. § 3569 (repealed 1987) and 28 U.S.C. § 2007;

(13) Appoint interpreters in cases pending before a magistrate judge initiated by the United States pursuant to 28 U.S.C. §§ 1827 and 1828;

(14) Issue warrants and conduct extradition proceedings pursuant to 18 U.S.C. § 3184;

(15) Perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109, regarding proceedings for verification of consent by offenders to transfer to or from the United States and the appointment of counsel therein;

(16) Institute proceedings against persons violating certain civil rights statutes under 42 U.S.C. §§ 1987 and 1989;

(17) 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 in any civil and criminal cases;

(18) Issue attachment or other orders to enforce obedience to an Internal Revenue Service summons to produce records or give testimony pursuant to 26 U.S.C. § 7604(a) and (b);

(19) Settle and certify the nonpayment of seaman's wages and conduct proceedings for the disposition of deceased seaman's effects under 46 U.S.C. § 10101 et seq.;

(20) Enforce awards of foreign consul and arbitrate differences between captains and crews of vessels of the consul's nations under 22 U.S.C. § 358a;

(21) Review prisoner correspondence;

(22) Enter court orders to withdraw funds from the registry of the court in matters handled by the magistrate judge;

(23) Preside at naturalization ceremonies and issue orders granting motions for naturalization;

(24) Preside at attorney admission ceremonies and issue orders granting applications for admission to the District's bar;

(25) Adopt schedules for forfeiture of collateral under Fed. R. Crim. P. 58(d)(1);

(26) Issue warrants of arrest in rem, attachment, garnishment, or other process in admiralty; and

(27) Determine actions to be taken regarding noncomplying documents submitted for filing under N.D. Fla. Loc. R. 5.1, or the Federal Rules of Civil or Criminal Procedure.