Local Rule RULE 73.1: REVIEW AND APPEAL OF MAGISTRATE JUDGES' ORDERS OR RECOMMENDATIONS
S.D. Ill. — General rule
RULE 73.1 REVIEW AND APPEAL OF MAGISTRATE JUDGES' ORDERS OR RECOMMENDATIONS (See 28 U.S.C. § 636; Fed. R. Civ. P. 72, 73; 8 U.S.C. § 3145, et. seq., Fed. R. Cr. P. 58(g)(2)(B))
(a) Appeal of Non-Dispositive Matters - 28 U.S.C. § 636(b)(1)(A)
Any party may appeal a Magistrate Judge's order issued pursuant to 28 U.S.C. § 636(b)(1)(A), determining a motion or matter within 14 days after issuance of the Magistrate Judge's order, unless a different time is prescribed by the Magistrate Judge or a District Judge. The party shall file with the Clerk of Court and serve on all parties a written request for an appeal, which shall specifically designate the order or part of the order that the parties wish the Court to reconsider. A District Judge shall reconsider the matter and shall set aside any portion of the Magistrate Judge's order found to be clearly erroneous or contrary to law. A District Judge may also reconsider sua sponte any matter determined by a Magistrate Judge under this Rule.
(b) Review of Dispositive Motions and Prisoner Litigation - 28 U.S.C. § 636(b)(1)(B)
Any party may object to a Magistrate Judge's proposed dispositive findings, recommendations, or reports issued pursuant to 28 U.S.C. § 636(b)(1)(B), within 14 days after being served with a copy. The objecting party shall file with the Clerk of Court, and serve on all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations, or reports to which objection is made and the basis for the objections. Any party may respond to another party's objections within 14 days after being served with a copy. Requests for extension of these deadlines are not favored.
A District Judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. The District Judge may conduct a new hearing, may consider the record developed before the Magistrate Judge, and may make a determination on the basis of that record. The District Judge may also receive further evidence, recall witnesses, or recommit the matter to the Magistrate Judge with instructions.
(c) Special Master Reports - 28 U.S.C. § 636(b)(2)
Any party may seek review of, or action on, a special master report filed by a Magistrate Judge in accordance with the provisions of Fed. R. Civ. P. 53(e).
(d) Appeal from Orders or Judgments in Petty Offenses and Other Misdemeanor Cases – 18 U.S.C. § 3402; Fed. R. Crim. P. 58(g)(2)
A defendant may appeal an order or judgment of conviction by a Magistrate Judge in a petty offense or other misdemeanor case by filing a notice of appeal with the District Court within 14 days after entry of the order or judgment, and by serving a copy of the notice upon the United States Attorney. The scope of the appeal shall be the same as on an appeal from a judgment of the District Court to the Court of Appeals.
(e) Appeal from Judgments in Civil Cases Disposed of on Consent of the Parties - 28 U.S.C. § 636(c)
Upon the entry of judgment in any civil case disposed of by a Magistrate Judge on consent of the parties under authority of 28 U.S.C. § 636(c), an aggrieved party may appeal directly to the United States Court of Appeals for the Seventh Circuit in the same manner as an appeal from any other judgment of this Court.
(f) Review of Magistrate Judge's Order of Release or Detention - 18 U.S.C. § 3145(a) and (b).
Any party may seek review of a Magistrate Judge's order of release or detention in a criminal case in accordance with 18 U.S.C. § 3145(a) and (b). The party seeking review shall file a motion promptly and in accordance with the time limits designated by the Magistrate Judge.