Local Rule Rule 72: MAGISTRATE JUDGES

Rule 72. MAGISTRATE JUDGES

(a) Procedures before a Magistrate Judge

(1) Appeal of Magistrate Judge's Decision

(A) A party aggrieved by a magistrate judge=s ruling may appeal the ruling to the assigned district judge. The appeal is perfected by serving and filing objections to the ruling within fourteen days after being served with a copy of the ruling, specifying the grounds of error. Objections must be filed and served upon the other party or parties. The opposing party or parties must either file a response to the objection or notify the district judge that they do not intend to respond within fourteen days of service of the objections.

(B) No ruling of a magistrate judge in any matter which he or she is empowered to hear and determine will be reversed, vacated, or modified on appeal unless the district judge determines that the magistrate judge's findings of fact are clearly erroneous, or that the magistrate judge's ruling is clearly erroneous or contrary to law.

(2) Effect of Ruling by a Magistrate Judge. A magistrate judge=s ruling or order is the court's ruling and will remain in effect unless and until reversed, vacated, modified, or stayed. The filing of a motion for reconsideration does not stay the magistrate judge=s ruling or order, and no such stay occurs unless ordered by the magistrate judge or a district judge. A stay application must first be presented to the magistrate judge who issued the ruling or order. If the magistrate judge denies the stay, the applicant may request in writing a stay from the district judge to whom the case is assigned. Counsel for the applicant must append to the application to the district judge for a stay a certification by counsel that an application for the stay was made to and denied by the magistrate judge.

(3) Matters Upon Which a Magistrate Judge is Required to Submit a Report and Recommendations. In all matters requiring a full-time magistrate judge to make a report and recommendation to the district court, the magistrate judge must submit the report and recommendation to the district judge and to the clerk of court. After service of a copy of the magistrate judge's report and recommendations, each party has fourteen days to serve and file written objections to the report and recommendations. A party must file objections with the clerk of court and serve them upon the other parties and submit them to the assigned district judge. Within seven days of service of the objection, the opposing party or parties must either serve and file a response or notify the district judge that they do not intend to respond to the objection.

(4) Rule Not Applicable to Consent Cases. Nothing contained in this rule applies to any civil action referred to a magistrate judge by consent of the parties under L.U.CIV.R. 73, for trial and entry of judgment after the date of reference.

(b) Assignments to a Magistrate Judge. All United States Magistrate Judges serving within the territorial jurisdiction of the Northern District of Mississippi and the Southern District of Mississippi are referred all the powers and duties granted them by the provisions of 28 U.S.C. § 636 within their territorial jurisdictions. In an action referred to a magistrate judge, the magistrate judge will perform the duties assigned by the court under court rule, plan, order, or other document. A magistrate judge will perform other duties when those duties are assigned by the court or a district judge under court rule, plan, order, or other document.

(c) Notifying Parties of Non-Automatic Assignment. If not effected directly by the clerk of court under court rule, plan, order, or other document, reference of a case or duty to a magistrate judge will be by order signed by a district judge. The clerk of court will notify all parties to the action of each reference by a district judge.

(d) Referral to Magistrate Judge. Pretrial motions in civil actions are hereby referred to a magistrate judge for hearing and determination, subject to the following exceptions: motions for injunctive relief; motions to remand; motions for judgment on the pleadings; motions for summary judgment; motions to dismiss or to permit maintenance of a class action; motions to dismiss for failure to state a claim upon which relief can be granted; motions to involuntarily dismiss an action; motions in limine regarding evidentiary matters; and motions affecting the rulings on dispositive motions (e.g., motions to amend) pending before a district judge. Upon entry of a pretrial order, all motions thereafter served must be submitted to the assigned trial judge.

(e) Hearing of Non-dispositive Motions When Assigned Magistrate Judge Is Unavailable. When the magistrate judge assigned to an action is unavailable because of absence from the district, illness, or other cause, or in a bona fide emergency as the result of which any party would be prejudicially delayed by presenting the matter to that magistrate judge, any other full-time magistrate judge may hear and determine any motion presented by a party, other than a motion enumerated as an exception in 28 U.S.C. § 636 (b)(1)(A) and L.U.CIV.R.72(d).