Local Rule LR 72: UNITED STATES MAGISTRATE JUDGES
S.D. Iowa — Civil rule
LR 72 UNITED STATES MAGISTRATE JUDGES a. Scope of Duties – 28 U.S.C. § 636(b)(3) and (4). Magistrate judges are authorized to exercise all jurisdiction permitted by law and not inconsistent with Article III of the United States Constitution. Magistrate judges also may determine any preliminary matters and conduct any necessary evidentiary hearings or other proceedings arising in the exercise of their jurisdiction. This rule will be construed broadly to fully implement the authority of magistrate judges in both the Northern District of Iowa and the Southern District of Iowa.
b. Duties Under 28 U.S.C. § 636(a). Magistrate judges are authorized and designated to exercise all of the powers and duties prescribed by 28 U.S.C. § 636(a), including, but not limited to, the following:
1. The power to administer oaths and affirmations;
2. The power to conduct trials and exercise other authority under 18 U.S.C. § 3401;
3. The power to enter sentences for "petty offenses," as defined in 18 U.S.C. § 19; and 4. In cases where the parties have consented to jurisdiction by a magistrate judge, the power to enter sentences for class A misdemeanors, including offenses classified as class A misdemeanors under 18 U.S.C.§ 3559(a)(6).
c. Determination of Non-Dispositive Pretrial Matters. Pursuant to 28 U.S.C. § 636(b)(1)(A) and Federal Rule of Civil Procedure 72(a), magistrate judges are authorized and designated to hear and determine all non-dispositive pretrial matters pending before the court to the extent permitted by law, including, but not limited to, the following motions:
1. For more definite statement;
2. To add parties, to intervene, or to file third-party complaints;
3. To amend pleadings or pretrial orders;
4. To consolidate cases or to order separate trials of claims or issues under Federal Rule of Civil Procedure 42;
5. To extend the time for compliance with the Local Rules, the Federal Rules of Civil or Criminal Procedure, and the orders of the court;
6. Relating to discovery in both civil and criminal cases, including bills of particulars under Federal Rule of Criminal Procedure 7(f);
7. To allow withdrawal or substitution of counsel;
8. To correct clerical errors under Federal Rule of Civil Procedure 60(a) and Federal Rule of Criminal Procedure 36;
9. To voluntarily dismiss a civil action;
10. To set aside an entry of default under Federal Rule of Civil Procedure 55(c);
11. To enter ex parte orders for release of tax information under 26 U.S.C. § 6103;
12. To enter orders for mental examinations under 18 U.S.C. §§ 4241 and 4242; and 13. To remand a case to the Commissioner of Social Security pursuant to sentence six of 42 U.S.C. § 405(g).
d. Recommendations Regarding Case-Dispositive Motions and Other Matters. Pursuant to 28 U.S.C. § 636(b)(1)(B), upon designation from a district court judge, a magistrate judge is authorized to conduct hearings, including evidentiary hearings, and to submit to the district court judge a report containing proposed findings of fact, conclusions of law, and recommendations for disposition of the following matters:
1. Motions excepted from the jurisdiction granted to magistrate judges under 18 U.S.C. § 636(b)(1)(A), including case-dispositive motions;
2. Applications for post-trial relief made by individuals convicted of criminal offenses; and 3. Prisoner petitions challenging conditions of confinement.
To the extent permissible under Article III of the United States Constitution, a district court judge also may refer any other pretrial or post-trial motions or other matters to a magistrate judge for a report and recommendation. Matters that may be referred to a magistrate judge for a report and recommendation include, but are not limited to, the following:
4. Motions for injunctive relief, including temporary restraining orders and preliminary and permanent injunctions;
5. Motions to dismiss civil and criminal actions, including motions to dismiss or permit the maintenance of class actions;
6. Motions for judgment on the pleadings;
7. Motions for summary judgment;
8. Motions for review of default judgments;
9. Proceedings to execute against or collect on judgments;
10. Motions to dismiss or quash an indictment or information;
11. Motions to suppress evidence in a criminal case;
12. The taking of guilty pleas;
13. Proceedings to modify, revoke, or terminate probation or supervised release of convicted persons (as authorized by 18 U.S.C. § 3401(i)); and 14. Motions for the return of seized property under Federal Rule of Criminal Procedure 41(g).
e. Prisoner Cases Under 28 U.S.C. §§ 2254 and 2255. Magistrate judges may perform the duties of a district court judge under the rules governing proceedings in the United States District Courts under 28 U.S.C. §§ 2254 and 2255. In so doing, a magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearings or other appropriate proceedings. Unless a magistrate judge is exercising authority pursuant to 28 U.S.C. § 636(c), the magistrate judge will not issue an order disposing of an application filed under 28 U.S.C. §§ 2254 or 2255, but will submit to the district court judge a report containing proposed findings of fact, conclusions of law, and recommendations for disposition of the application.
f. Prisoner Cases Under 42 U.S.C. § 1983. Pursuant to Federal Rule of Civil Procedure 72, magistrate judges may issue any preliminary orders and conduct any necessary proceedings for disposition of petitions filed by prisoners challenging the conditions of their confinement.
g. Questionable Jurisdiction or Authority. If a magistrate judge hears and decides a matter, and a district court judge later determines the magistrate judge did not have jurisdiction or authority to do so, the district court judge may consider the matter as having been referred to the magistrate judge and treat the decision of the magistrate judge as a report and recommendation. If a matter comes before a magistrate judge without a referral from a district court judge, the magistrate judge may consider the matter as having been referred by the district court judge for a report and recommendation.
h. Special Master References. A magistrate judge may be designated by a district court judge to serve as a special master in appropriate civil cases in accordance with 28 U.S.C. § 636(b)(2) and Federal Rule of Civil Procedure 53.
i. Other Duties. Magistrate judges also are authorized to do the following:
1. Exercise general supervisory powers over civil and criminal calendars, including entering scheduling orders, approving discovery plans, conducting calendar and status calls, and determining motions to expedite or postpone the trial of cases;
2. Grant applications to proceed in forma pauperis under 28 U.S.C. § 1915;
3. Authorize alternative process servers under Federal Rule of Civil Procedure 4;
4. Authorize service of process on an absent defendant pursuant to 28 U.S.C. § 1655;
5. Conduct pretrial conferences, ADR procedures, and other pretrial proceedings in civil and criminal cases;
6. Accept jury verdicts in civil and criminal cases, to the extent permitted by law;
7. Conduct examinations of judgment debtors in accordance with Federal Rule of Civil Procedure 69(a)(2);
8. Screen, under 28 U.S.C. § 1915A, petitions filed by prisoners challenging the conditions of their confinement;
9. Conduct proceedings for the collection of civil penalties of not more than $200 assessed under 46 U.S.C. §§ 4311(d) and 12309(c);
10. Conduct proceedings for initial commitment of narcotics addicts under Title III of the Narcotic Addict Rehabilitation Act, 42 U.S.C. §§ 3411-3426;
11. Issue orders authorizing the installation of devices such as traps, traces, and pen registers; and issue orders directing communication common carriers to provide assistance to federal investigative agencies in accomplishing the installation of such devices;
12. Issue search warrants, GPS tracker warrants, seizure warrants, arrest warrants or summonses, and warrants of arrest in rem;
13. Conduct proceedings to empanel a grand jury as permitted by the district;
14. Receive grand jury returns;
15. Accept waivers of indictment under Federal Rule of Criminal Procedure 7(b);
16. Dismiss complaints and indictments pursuant to Federal Rule of Criminal Procedure 48(a);
17. Conduct initial appearances;
18. Conduct arraignments and appoint counsel;
19. Conduct extradition proceedings under 18 U.S.C. § 3184;
20. Transfer a defendant to another district;
21. Conduct detention hearings and set conditions of release;
22. Conduct preliminary examinations;
23. With consent of the parties, preside over jury selection in a criminal case;
24. Perform the functions specified in 18 U.S.C. §§ 4107-4109 regarding proceedings for verification of consent by offenders to transfer to or from the United States, and the appointment of counsel in such cases;
25. Issue subpoenas, writs of habeas corpus ad testificandum and habeas corpus ad prosequendum, and other orders necessary to obtain the presence of parties, witnesses, or evidence needed for court proceedings;
26. Order the exoneration or forfeiture of bonds;
27. Conduct necessary proceedings leading to the potential revocation of pretrial release, parole, probation, or term of supervised release;
28. Exercise contempt authority under 28 U.S.C. § 636(e); and 29. Enter orders to withdraw registry funds in the following instances:
A. Civil cases disposed of by a magistrate judge pursuant to 28 U.S.C. § 636(c);
B. Misdemeanor and petty offense cases disposed of by magistrate judge pursuant to 18 U.S.C. § 3401 and 28 U.S.C. § 636(a)(3);
C. Bail release proceedings in which a magistrate judge has ordered bail money to be deposited with the court pursuant to 18 U.S.C. §§ 3141-3156 and 28 U.S.C. § 636(a)(2); and D. Pretrial matters referred to a magistrate judge for determination pursuant to 28 U.S.C. § 636(b)(1)(A).