Local Rule General L.R. 72: Duties Under 28 U.S.C. § 636(a) and (b)

General L.R. 72. Duties Under 28 U.S.C. § 636(a) and (b)

(a) Authorized Duties.

(1) Magistrate Judges are authorized to exercise all of the powers and duties set forth in 28 U.S.C. § 636(a) and (b) and are authorized to perform any and all additional duties as may be assigned from time to time, consistent with the Constitution and laws of the United States.

(2) The duties authorized to be performed by Magistrate Judges, when assigned to them pursuant to Local Rule 72(b), include, but are not limited to:

(A) Issuing search warrants, Fed. R. Crim. P. 41, issuing seizure warrants, issuing warrants to install a tracking device, 18 U.S.C. § 3117 or Fed. R. Crim. P. 41, issuing orders for disclosure of the contents of wire or electronic communications or records, 18 U.S.C. § 2703(d), issuing orders for a pen register or a trap and trace device, 18 U.S.C. §§ 3122-3123, and issuing administrative inspection warrants upon proper application meeting the requirements of applicable law;

(B) Issuing complaints and appropriate summonses or arrest warrants for the named Defendant, Fed. R. Crim. P. 4;

(C) Conducting initial appearance proceeding, Fed. R. Crim. P. 5;

(D) Appointing counsel for indigent persons, approving compensation and expense vouchers, and all other duties in conformance with the Court's Criminal Justice Act Plan;

(E) Conducting preliminary examinations, Fed. R. Crim. P. 5.1; 18 U.S.C. § 3060;

(F) Conducting removal hearings for Defendants charged in other Districts, including the issuance of warrants of removal, Fed. R. Crim. P. 40;

(G) Issuing writs of habeas corpus ad testificandum and habeas corpus ad prosequendum, 28 U.S.C. § 2241(c)(5);

(H) Releasing or detaining material witnesses, 18 U.S.C. § 3144;

(I) Issuing warrants and conducting extradition proceedings pursuant to 18 U.S.C. § 3184;

(J) Conducting proceedings for the discharge of indigent prisoners or persons imprisoned for debt under process or execution issued by a Federal Court, 28 U.S.C. § 2007;

(K) Issuing attachment or other orders to enforce obedience to an Internal Revenue Service summons to produce records or given testimony, 26 U.S.C. § 7604(b);

(L) Conducting post-indictment arraignments, accepting not guilty pleas, accepting guilty pleas in misdemeanor and other petty offense cases with the consent of the Defendant, when required, and the ordering of a presentence investigation report concerning any Defendant who expresses the desire to plead guilty, Fed. R. Crim. P. 10, 11(a), 32(c) & 58;

(M) Empaneling grand juries; accepting the return of an indictment by the grand jury; granting leave to the government to dismiss a criminal complaint; and dismissing a criminal complaint upon a finding of unnecessary delay in presenting a charge to the grand jury, filing an information against a Defendant, or bringing a Defendant to trial, Fed. R. Crim. P. 6(a) & 6(f), 48(a) & 48(b);

(N) Supervising and determining all pretrial proceedings and motions made in criminal cases including, without limitation, motions and orders made pursuant to Fed. R. Crim. P. 12, 12.2(c), 14-17.1, & 28, 18 U.S.C. § 4244, orders determining excludable time under 18 U.S.C. § 3161, and orders dismissing a complaint without prejudice for failure to return a timely indictment under 18 U.S.C. § 3162; except that a Magistrate Judge may not grant a motion to dismiss or quash an indictment or information, or a motion to suppress evidence, or any other case dispositive motion, but may make recommendations to the District Judge concerning them;

(O) Conducting hearings and issuing orders upon motions arising out of grand jury proceedings, including orders entered pursuant to 28 U.S.C. § 6003, and orders involving enforcement or modification of subpoenas, directing or regulating lineups, photographs, handwriting exemplars, fingerprinting, palm printing, voice identification, medical examinations, and the taking of blood, urine, fingernail, hair, and bodily secretion samples (with appropriate safeguards);

(P) Conducting hearings and issuing orders arising out of a motion for return of property pursuant to Fed. R. Crim. P. 41(g), except that, to the extent the motion is treated as a motion to suppress under Fed. R. Crim. P. 12, then it must be handled in accordance with subparagraph (2)(N) of this Rule;

(Q) Conducting preliminary hearings in all probation or supervised release revocation proceedings, and conducting final hearings for misdemeanors when the Defendant has previously consented to the exercise of jurisdiction by the Magistrate Judge, Fed. R. Crim. P. 32.1;

(R) Processing and reviewing habeas corpus petitions or applications filed pursuant to 28 U.S.C. § 2241, those filed by state prisoners pursuant to 28 U.S.C. § 2254, or by federal prisoners pursuant to 28 U.S.C. § 2255, and civil suits filed by state prisoners under 42 U.S.C. § 1983. Magistrate Judges have the authority to require responses, issue orders to show cause and any other orders necessary to develop a complete record, and to prepare a report and recommendation to the District Judge as to appropriate disposition of the application, petition, or claim;

(S) Supervising and determining all pretrial proceedings and motions made in civil cases including, without limitation, rulings upon all procedural and discovery motions, and conducting pretrial conferences; except that a Magistrate Judge (absent the consent of all affected parties) may not appoint a receiver, issue an injunctive order pursuant to Fed. R. Civ. P. 65, enter an order dismissing or permitting maintenance of a class action pursuant to Fed. R. Civ. P. 23, enter any order granting judgment on the pleadings or summary judgment, in whole or in part, pursuant to Fed. R. Civ. P. 12(c) or 56, enter an order of involuntary dismissal pursuant to Fed. R. Civ. P. 41(b) or (c), or enter any other order or judgment dispositive of a claim or defense, but may make reports and recommendations to that District Judge concerning them;

(T) Conducting mediation conferences, or other alternative dispute resolution (ADR) procedures, pursuant to the District's ADR Program;

(U) Conducting all proceedings in civil suits after judgment incident to the issuance of writs of replevin, garnishment, attachment, or execution pursuant to governing state or federal law, and conducting all proceedings and entering all necessary orders in aid of execution pursuant to Fed. R. Civ. P. 69;

(V) With the consent of the parties, presiding over the voir dire examination and empanelment of trial juries in civil and criminal cases and accepting jury verdicts in the absence of the District Judge;

(W) Processing and reviewing all suits instituted under any law of the United States providing for judicial review of final decisions of administrative officers or agencies on the basis of the record of administrative proceedings, and the preparation of a report and recommendation to the District Judge concerning the disposition of the case;

(X) Serving as a special master in accordance with Fed. R. Civ. P. 53;

(Y) In admiralty cases, entering orders:

(i) For the seizure and appointing substitute custodians of vessels or property seized in rem;

(ii) Fixing the amount of security pursuant to Rule E(5), Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, that must be posted by the claimant of a vessel or property seized in rem;

(iii) In limitation of liability proceedings, for monition and restraining orders, including approval of the ad interim stipulation filed with the complaint, establishment of the means of notice to potential claimants and a deadline for the filing of claims; and

(iv) To restrain further proceedings against the Plaintiff in limitation, except by means of the filing of a claim in the limitation proceedings;

(Z) Appointing persons to serve process pursuant to Fed. R. Civ. P. 4(c); and (AA) Supervising proceedings conducted pursuant to letters rogatory or request in accordance with 28 U.S.C. § 1781.

(b) Assignment of Duties. The assignment of duties to the Magistrate Judges by the District Judges of the Court may be made by standing order entered collectively, or by any individual District Judge in any case assigned to the District Judge, through written order or oral directive, made or given with respect to such case or cases. In any case, the assigned District Judge may designate the Magistrate Judge to perform any or all of the duties authorized by 28 U.S.C. § 636(a) or (b) or by these Local Rules. The Clerk, in an electronic reference, shall refer all duties authorized by this Rule to the Magistrate Judges. This reference shall be sufficient notice to the parties that a particular matter has been referred to the Magistrate Judge for appropriate action.

(c) Objections to Magistrate Judge's Determination in Criminal Cases and in Civil Cases in Which the Parties Have Not Consented to Magistrate Judge Jurisdiction.

(1) In civil and criminal cases in which the parties have not consented to Magistrate Judge jurisdiction, objections to a determination by the Magistrate Judge are governed by Fed. R. Civ. P. 72 and Fed. R. Crim. P. 59.

(2) Any other party may serve and file a response to the objection within fourteen (14) days from the date of service of the objection, unless the Court sets a different deadline.

(3) Unless the Court orders otherwise, the objecting party may serve and file a reply within seven (7) days from the date of service of the response.

(d) Record of Proceedings Before Magistrate Judge.

(1) The Magistrate Judge must determine, after taking into account the complexity of the particular matter, whether the record must be taken down by a reporter or recorded by suitable sound equipment.

(2) Notwithstanding the Magistrate Judge's determination:

(A) The proceeding may be taken down by a reporter if any party so requests;

(B) The proceeding must be recorded by suitable sound equipment if all parties agree; and

(C) The Magistrate Judge may choose to make no record of the proceeding if all parties agree.