Local Rule LCivR 72: Authority of United States magistrate judges

Local Civil Rule 72. Authority of United States magistrate judges 72.1 The United States magistrate judges of this district are hereby empowered to perform all duties authorized by 28 U.S.C. § 636 and any other duty not inconsistent with the Constitution and laws of the United States, as more fully set forth below.

(a) Duties under 28 U.S.C. § 636(a) - Each magistrate judge of this Court is empowered to perform all duties prescribed by 28 U.S.C. § 636(a).

(b) Determination of nondispositive pretrial matters - 28 U.S.C. § 636(b)(1)(A) - A magistrate judge may hear and determine any procedural or discovery motion or other pretrial matter in a case, other than the motions which are specified in subsection (c) of this rule.

(c) Recommendations regarding case-dispositive motions - 28 U.S.C. § 636(b)(1)(B)

(i) A magistrate judge may submit to a judge of the Court a report containing proposed findings of fact and recommendations for disposition by the judge of the following pretrial motions in civil cases:

(A) motion 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; or

(G) motions for review of default judgments.

(ii) 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 rule.

(d) Prisoner cases under 28 U.S.C. §§ 2254 and 2255 - A magistrate judge may perform any or all of the duties imposed upon a judge by the rules governing proceedings in the United States District Courts under §§ 2254 and 2255 of Title 28, United States Code and may review all other applications for relief made under 28 U.S.C. Chapter 153. In so doing, a magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding and may submit to a judge a report containing proposed findings of fact and recommendations for disposition of the petition by the judge. Any order disposing of the petition may only be made by a judge.

(e) Prisoner cases under 42 U.S.C. § 1983 - A magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding and may submit to a judge a report containing proposed findings of fact and recommendations for the disposition of petitions filed by prisoners challenging the conditions of their confinement.

(f) Other duties - A magistrate judge is also authorized to:

(i) exercise all authority conferred upon United States magistrate judges by the Federal Rules of Civil Procedure;

(ii) conduct pretrial conferences, settlement conferences, omnibus hearings, and related pretrial proceedings in cases;

(iii) conduct voir dire and select petit juries to the extent allowed by law;

(iv) accept petit jury verdicts in cases in the absence of a judge;

(v) 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 investigations or for court proceedings;

(vi) order the exoneration or forfeiture of bonds;

(vii) 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. §§ 4311 (d) and 12309 (c);

(viii) conduct examinations of judgment debtors in accordance with Rule 69 of the Federal Rules of Civil Procedure;

(ix) conduct proceedings for initial commitment of narcotics addicts under Title III of the Narcotic Addict Rehabilitation Act;

(x) perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109, regarding proceedings for verification of consent by offenders to transfer to or from the United States and the appointment of counsel therein;

(xi) conduct final hearings and decide routine motions for dismissal and continuance in naturalization cases in which petitioners are recommended by the Immigration and Naturalization Service without reservation;

(xii) issue summons, search warrants, orders or other process authorizing agents and officers of the Internal Revenue Service or other authorized persons to enter premises and to make such search as is necessary in order to levy and seize property pursuant to Section 6331 of the Internal Revenue Code or other applicable provision of law;

(xiii) conduct proceedings in accordance with 26 U.S.C. §§ 7402(b) and 7604(b) regarding enforcement of Internal Revenue Service summonses; and

(xiv) perform any additional duty not inconsistent with the Constitution and laws of the United States.

72.2 Assignment of matters to magistrate judges - Unless otherwise ordered by the judge to whom a case is assigned, the magistrate judge assigned to any case may hear and determine any nondispositive pretrial matters in that case without any further order of reference.

(a) General cases - The method for assignment and reassignment of duties to a magistrate judge and for the allocation of duties among the several magistrate judges of the Court shall be made in accordance with orders of the Court or by special designation of a judge.

(b) Habeas corpus and prisoner civil rights cases - At the time of filing any habeas corpus or prisoner civil rights case, the Clerk shall assign the case to a judge and to a magistrate judge in accordance with procedures established by these rules and the implementing orders of the Court. The assigned magistrate judge may enter such orders and conduct such proceedings in that case as are authorized by statute or rule, without any further order of reference. An order disposing of the case may only be entered by a judge.

72.3 Review and appeal of magistrate judges' decisions

(a) Appeal of nondispositive matters - 28 U.S.C. § 636(b)(1)(A) - Any party may appeal from a magistrate judge's order determining any motion or matter within fourteen (14) days after service of the magistrate judge's order, unless a longer time is prescribed by the magistrate judge or a judge. Such party shall file and serve a written statement of appeal which shall specifically designate the order, or part thereof, appealed from and the basis for any objection thereto. In any case in which the decision of the magistrate judge is reflected only in an oral opinion on the record, the appealing party shall provide the district judge with a transcript of the oral opinion, unless excused by the district judge. Any party may respond to another party's objections within fourteen (14) days of service. Objections and responses shall conform to the page limits for briefs set forth in LCivR 7.3(b). A judge of the Court shall consider the appeal and shall set aside any portion of the magistrate judge's order found to be clearly erroneous or contrary to law.

(b) Review of case-dispositive motions and prisoner litigation - 28 U.S.C. § 636(b)(1)(B) - Any party may object to a magistrate judge's proposed findings, recommendations or report within fourteen (14) days after being served with a copy thereof unless a longer time is prescribed by the magistrate judge or a judge. Such party shall file and serve written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objections are made and the basis for such objections. Any party may respond to another party's objections within fourteen (14) days after being served with a copy thereof. Objections and responses shall conform to the page limits for briefs set forth in LCivR 7.2(b). A 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 judge, however, need conduct a new hearing only where required by law, and may consider the record developed before the magistrate judge, making a de novo determination on the basis of that record. The 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 Rule 53(f) of the Federal Rules of Civil Procedure.

(d) Appeals from other orders of a magistrate judge - Appeals from any other decisions and orders of a magistrate judge not provided for in this rule should be taken as provided by governing statute, rule, or decisional law.