Local Rule Civil Rule 72.1: United States Magistrate Judges

Civil Rule 72.1 United States Magistrate Judges a. Jurisdiction under 28 U.S.C. § 636(a). Each United States magistrate judge of this court is authorized to perform the duties prescribed by 28 U.S.C. § 636(a), and may administer oaths and affirmations and take acknowledgments, affidavits and depositions. b. Determination of Non-Dispositive Pretrial Matters-28 U.S.C. § 636(b)(1)(A). Pursuant to 28 U.S.C. § 636(b)(1)(A) a magistrate judge will hear and determine any pretrial motions, including discovery motions, other than the dispositive motions which are specified in 28 U.S.C. § 636(b)(1)(A). c. Proposed Orders Regarding Case-Dispositive Motions 28 U.S.C. § 636(b)(1)(B). 1. Upon the designation by district judge, a magistrate judge may submit to a district judge a proposed order containing proposed findings of fact and recommendations for disposition by the district judge of the following pretrial motions in civil cases: a) Motions for injunctive relief, including temporary restraining orders and preliminary and permanent injunctions; b) Motions for judgment on the pleadings; c) Motions for summary judgment; d) Motions to dismiss or permit the maintenance of a class action; e) Motions to dismiss for failure to state a claim upon which relief may be granted; f) Motions to involuntarily dismiss an action; 2. A district judge may designate a magistrate judge to conduct hearings, including evidentiary hearings, and submit proposed findings of fact and the recommendations for the disposition by the district judge of prisoner petitions challenging the conditions of confinement. 3. A magistrate judge may determine any preliminary matters and conduct any necessary evidentiary hearing or other proceeding arising in the exercise of the authority conferred by this subsection. d. Prisoner Cases under 28 U.S.C. § 2254 Not Involving the Death Penalty. Unless the district judge chooses to retain a case which does not involve the death penalty, the assigned magistrate judge is hereby designated to perform any and all of the duties specified in § 2254, Rule 8.b and the rules governing proceedings in the United States District Courts under § 2254 of Title 28, U.S.C. and must: 1. Receive a copy of all filings and other items submitted concerning the matter; 2. Conduct all preliminary matters and issue any preliminary orders as deemed necessary; 3. Conduct any necessary evidentiary hearing, pursuant to Rule 8 of the rules governing proceedings in the United States courts under § 2254 of Title 28, U.S.C., or other appropriate proceedings; and 4. Submit to a district judge of the Court a report containing proposed findings of fact and recommendations for disposition of the petition by the district judge. Any order disposing of the petition on its merits may only be made by a district judge of the Court. e. Prisoner Cases under 28 U.S.C. § 2254 Involving the Death Penalty and § 2255. Upon designation by a district judge, a magistrate judge may perform the duties specified in § 2254, Rule 8.b and the rules governing proceedings in the United States District Courts under § 2254 (involving the death penalty) and § 2255 of Title 28, U.S.C. Any order disposing of the petition may only be made by a district judge. f. Special Master References. A magistrate judge may be designated by a judge to serve as a special master in appropriate civil cases in accordance with 28 U.S.C. § 636(b)(2) and Rule 53 of the Fed. R. Civ. P. 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, notwithstanding the limitations of Rule 53.b of Fed. R. Civ. P. g. Conduct of Trials and Disposition of Civil Cases Upon Consent of the Parties - 28 U.S.C. § 636(c). Upon the written consent of the parties, a full-time magistrate judge may conduct any or all proceedings in any civil case which is filed in this court, including the conduct of a jury or non- jury trial, and may order the entry of a final judgment, in accordance with 28 U.S.C. § 636(c). In the course of conducting such proceedings upon consent of the parties, a magistrate judge may hear and determine any and all pretrial and post-trial motions which are filed by the parties, including case-dispositive motions. h. 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 district judge; 2. Conduct pretrial conferences, settlement conferences and related pretrial proceedings in civil cases, and conduct summary trials or alternative dispute resolution proceedings in civil cases; 3. Conduct voir dire and select petit juries for the Court in civil cases with the consent of the parties; 4. Accept petit jury verdicts in civil cases in the absence of a district 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 of forfeiture 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.; 8. Conduct examinations of judgment debtors in accordance with Rule 69 of the Fed. R. Civ. P.; 9. Conduct naturalization hearings. (All orders from any naturalization hearing must be submitted to a district judge of this court for approval.) 10. Perform any additional duty not inconsistent with the Constitution and laws of the United States.