Local Rule Civil Rule 72.3: Assignment of § 1983 Prisoner Civil Cases to United States Magistrate Judges

Civil Rule 72.3 Assignment of § 1983 Prisoner Civil Cases to United States Magistrate Judges a. In all of the District's civil § 1983 prisoner cases, a magistrate judge will be assigned to hear and conduct proceedings designated by 28 U.S.C. § 636(b)(1), unless the district judge orders otherwise. b. The Clerk will give the parties written notice of their opportunity to consent to magistrate judge jurisdiction under 28 U.S.C. § 636(c) pursuant to Fed. R. Civ. P. 73(b)(1) at the time a summons is issued or, when each defendant first responds to the complaint, if notice could not have been provided earlier. c. Pursuant to Fed. R. Civ. P. 73(b)(2), the assigned district judge, magistrate judge, or the Clerk may thereafter remind the parties of the magistrate judge's availability by issuing a Notice, Consent, and Reference of the civil action to the magistrate judge pursuant to 28 U.S.C. § 636(c)(1). That Notice will advise the parties that they are free to withhold consent without adverse substantive consequences. If all the parties decide to consent, all parties will submit the jointly signed Notice as a proposed Order consenting to the referral, or each will separately submit his or her signed Notice consenting to the referral to the Clerk in paper format via U.S. Mail. Pursuant to Fed. R. Civ. P. 73(b)(1), and in order to protect the voluntariness of the parties' consent pursuant to 28 U.S.C. § 636(c)(2), the district judge or magistrate judge will be informed of a party's response to this Notice only if all parties have submitted written consent to the referral. d. Upon the written consent of all parties, the case will be referred to the magistrate judge to conduct all proceedings, including a jury or nonjury trial, and order entry of a final judgment in accordance with 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local Civil Rule 73.1. e. In the absence of written consent of all parties, the magistrate judge will conduct all necessary hearings and submit proposed findings of fact and recommendations for the disposition of all motions excepted from the magistrate judge's jurisdiction by 28 U.S.C. § 636(b)(1)(A), unless the district judge orders otherwise. f. All hearing dates for any pretrial matter excepted by 28 U.S.C. § 636(b)(1)(A) must be obtained from the law clerk of the magistrate judge to whom the case has been referred either on a consent basis pursuant to 28 U.S.C. § 636(c), or for proposed findings of fact and recommendations for the disposition by the assigned district judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 7.1. Unless all parties have consented, or the district judge deems them unnecessary, the magistrate judge will file his or her findings and recommendations with the Court and set dates for the filing of written objections pursuant to 28 U.S.C. § 636(b)(1). Written objections, if any, must be directed to the district judge assigned to the case pursuant to 28 U.S.C. § 636(b)(1)(C). g. All cases will be set for a Case Management Conference as soon as practicable following the filing of the first answer. Early Neutral Evaluation Conferences will be set in these matters pursuant to Local Civil Rule 16.1c. Settlement conferences may be set when the case is determined ready for settlement by a judicial officer.