Local Rule LR 72.1: MAGISTRATE JUDGES: CIVIL JURISDICTION AND DUTIES

LR 72.1 MAGISTRATE JUDGES: CIVIL JURISDICTION AND DUTIES

(A) Non-Dispositive Pretrial Matters on Reference from District Judge. Non-dispositive matters in a civil action referred to a magistrate judge by a district judge shall be heard and an order entered in compliance with Fed. R. Civ. P. 72(a).

(B) Dispositive Motions on Reference from District Judge. A magistrate judge shall promptly conduct any such proceedings as may be required in connection with a dispositive pretrial motion referred to the magistrate judge by a district judge. Objections to the magistrate judge's recommendation for disposition shall be processed in accordance with Fed. R. Civ. P. 72(b)(2). A listing of dispositive motions is contained in 28 U.S.C. § 636(b)(1).

(C) Prisoner Petitions. Except in cases in which the death penalty has been imposed, the magistrate judges may, unless otherwise directed:

(1) Review habeas corpus petitions filed by state prisoners under 28 U.S.C. §§ 2241, 2254 to determine the petitioner's eligibility to proceed in forma pauperis, issue orders to show cause, and any other orders necessary to obtain a complete record and issue orders pursuant thereto; conduct evidentiary hearings; and submit a report and recommendation to the district judge as to the proper disposition of the petition.

(2) Review habeas corpus petitions and motions filed by federal prisoners under 28 U.S.C. §§ 2241, 2254 to determine the petitioner's eligibility to proceed in forma pauperis, issue orders to show cause, and orders pursuant thereto; conduct evidentiary hearings; and submit a report and recommendation to the district judge as to the proper disposition of the petition or motion.

(3) Review civil suits challenging conditions of confinement and for deprivation of rights filed under 42 U.S.C. § 1983 to determine the petitioner's eligibility to proceed in forma pauperis, and issue orders pursuant thereto; conduct evidentiary proceedings; and submit a report and recommendation to the district judge as to the proper disposition of the case. Such proceedings shall be conducted in compliance with Fed. R. Civ. P. 72(b).

(D) Assignments to a Magistrate Judge. In a case referred to a magistrate judge, the magistrate judge will perform the duties assigned to him or her by the Court or a district judge under Court rule, plan, order or other document. A magistrate judge will perform other duties when those duties are assigned to him or her by the Court or a district judge under Court rule, plan order, or other document. The duties assigned to a magistrate judge by the Court, and the manner of their distribution and assignment, are specified in a standing order of the Court, available in the clerk's office and on the Court's website at www.gand.uscourts.gov.

(E) Briefing Practice for Objections and Responses. Absent prior permission of the Court, objections and any responses thereto are limited in length to twenty-five (25) pages. Objections must be filed within fourteen (14) days from the date the magistrate judge's report and recommendation or order is served, and responses may be filed within fourteen (14) days from the date the objections are served. Objections and responses thereto must meet the form and formatting requirements of LR 5.1. Reply briefs may not be filed unless the moving party requests, and the presiding judge grants, leave to do so. If leave is granted, the reply brief must be filed no later than the deadline set by the presiding judge, and, unless the Court orders otherwise, be limited in length to fifteen (15) pages and meet the form and formatting requirements of LR 5.1.