LOCAL RULES OF
PRACTICE
for the
UNITED
STATES DISTRICT COURT
for the
DISTRICT OF NEVADA
Local
Rules IA_-_Introduction
LR IA 1-1. TITLE.
These are the Local Rules of Practice for the
United States District Court for the District of
Nevada. These rules are divided into the
following parts: Part IA (Introduction); Part
IB (United States Magistrate Judges); Part II
(Civil); Part III (Bankruptcy); Part IV
(Criminal); and Part V (Rules Applicable in
Special Proceedings and Appeals). The rules in
Parts II, III and IV are numbered to correspond
to their Federal Rules of Civil, Bankruptcy or
Criminal Procedure counterparts. The rules in
Parts IA through III may be cited as “LR
;”
those in Part IV, as “LCR
;”
and the rules in Part V, as “LSR
.”
LR IA 2-1. SCOPE OF THE
RULES; CONSTRUCTION.
These rules shall be construed so as to be
consistent with the Federal Rules of Civil,
Bankruptcy and Criminal Procedure they
supplement. The provisions of Parts IA and II
apply to all actions and proceedings, including
civil, criminal, bankruptcy and admiralty,
except where they may be inconsistent with rules
or provisions of law specifically applicable
thereto. The provisions of Part IB apply to all
actions and proceedings, excluding bankruptcy,
except where they may be inconsistent with rules
or provisions of law specifically applicable
thereto.
LR IA 3-1. SUSPENSION
OR WAIVER OF THESE RULES.
The
court may
sua sponte or
on motion change, dispense with, or waive any of
these rules if the interests of justice so
require.
LR IA 4-1. SANCTIONS.
The
court may, after notice and opportunity to be
heard, impose any and all appropriate sanctions
on an attorney or party appearing
in
pro se who,
without just cause:
(a)
Fails to appear when required for pretrial
conference, argument on motion, or trial;
(b)
Fails to prepare for a presentation to the
court;
(c)
Fails to comply with these rules; or
(d)
Fails to comply with any order of this court.
LR IA 5-1. EFFECTIVE
DATE.
These rules, as amended, shall take effect on
December 1, 2000, and govern all proceedings in
actions pending on or after that date.
LR IA 6-1. COURT
STRUCTURE; DIVISIONS OF THE DISTRICT OF NEVADA.
The
State of Nevada constitutes one judicial
district. The district has two unofficial
divisions:
Southern Division: Clark, Esmeralda, Lincoln and
Nye Counties.
Northern Division: Carson City, Churchill,
Douglas, Elko, Eureka, Humboldt, Lander, Lyon,
Mineral, Pershing, Storey, Washoe and White Pine
Counties.
LR IA 7-1. OFFICES OF
THE CLERK.
The
clerk of the court maintains offices at Las
Vegas for the southern division of the court and
at Reno for the northern division of the court.
The clerk's offices are open to the public from
9:00_a.m. until 4:00_p.m., Monday through
Friday, legal holidays excepted. The clerk may
institute administrative procedures for filing
pleadings and papers and, in an emergency, shall
on request transact public business at other
times.
LR IA 8-1. PLACE OF
FILING.
(a)
Civil actions shall be filed in the clerk's
office for the division of the court in which
the action allegedly arose. However, in civil
rights actions filed by inmates proceeding
in pro se,
the action shall be filed in the division in
which the inmate is held when the complaint is
submitted for filing or, if the inmate is not
held in this district, then in the division in
which the events giving rise to a cause of
action are alleged to have occurred.
(b)
In criminal cases where the alleged offense was
committed in more than one division, the
government may elect either division for filing
the indictment or information.
(c)
The court may in its discretion direct that
proceedings or trial take place in the division
other than the division where filed. Unless
otherwise ordered, however, all filings shall be
made and proceedings had in the division of the
court in which the case was originally filed.
LR IA 9-1. INSPECTION,
CONDUCT IN COURTROOM AND ENVIRONS, AND
FORFEITURE.
(a)
All persons entering any United States Federal
Building and Courthouse in this district and all
items carried by such persons shall be subject
to appropriate screening and checking by any
United States Marshal or Security Officer of the
General Services Administration. Entrance to the
United States Federal Building and Courthouse
will be denied any person who refuses to
cooperate in such screening or checking.
(b)
Except as provided in LR IA 9-1(c) or otherwise
directed by the court, all forms, means, or
manner of taking photographs, tape recordings,
broadcasting or televising are prohibited in:
(1)
All public areas of the C. Clifton Young Federal
Building and United States Courthouse, 300 Booth
Street, Reno, Nevada, on floors one through
five, inclusive;
(2)
All public areas of the Bruce R. Thompson United
States Courthouse and Federal Building, 400
South Virginia Street, Reno, Nevada, on floors
one through ten, inclusive;
(3)
All public areas of the Foley Federal Building
and United States Courthouse, 300 Las Vegas
Boulevard South, Las Vegas, Nevada, on floors
one through four, inclusive;
(4)
All public areas of the Lloyd D. George United
States Courthouse, 333 Las Vegas Boulevard
South, Las Vegas, Nevada, on floors one through
eight, inclusive; and
(5)
When the court is conducting judicial
proceedings in facilities other than a United
States Federal Building and Courthouse, all
courtrooms, chambers and court-related offices
as well as such adjacent public areas as the
court may designate.
(c)
LR IA 9-1(b) shall not apply:
(1)
To the first floor lobby areas of the United
States Federal Buildings and Courthouses in this
district, provided that no photographing, tape
recording, broadcasting or televising shall
occur in the southwest corridor leading to the
loading dock in the Foley Federal Building, in
the southeast corridor leading to the loading
dock in the C. Clifton Young Federal Building,
or within eight feet (8_) of the elevators and
court security systems in any of the Federal
Courthouses in the district;
(2)
To the interiors of judicial offices;
(3)
To cameras, tape recorders, broadcasting or
television equipment being taken to non-judicial
offices for official business in a United States
Federal Building and Courthouse, provided prior
authorization is obtained from the United States
Marshal;
(4)
To recordings by a court reporter or recorder
where such recordings are for use as a court
record only; and
(5)
To portable dictating equipment used by members
of the bar when inspecting court records in the
clerk's office. Such equipment shall not be used
in courtrooms.
(d)
No person shall carry or possess pagers,
cellular telephones, two-way radios or other
transmitting devices in any United States
Federal Building and Courthouse in this district
without express prior approval of the United
States Marshal or a United States circuit judge,
district judge, bankruptcy judge, or magistrate
judge.
(e)
All cameras, recording, reproducing and
transmitting equipment, pagers, cellular
telephones, two-way radios or other transmitting
devices brought into prohibited areas without
the requisite prior approval are subject to
impound by the United States Marshal.
(f)
Except as otherwise provided by special order of
the court, no person shall carry or possess
firearms or deadly weapons in any United States
courthouse in this district. The United States
Marshal, any deputy marshal, and officers of the
Federal Protective Service shall be exempt from
this provision.
LR IA 10-1. ADMISSION
TO THE BAR OF THIS COURT; ELIGIBILITY AND
PROCEDURE.
Superseded by Special Order #107
LR IA 10-2. ADMISSION
TO PRACTICE IN A PARTICULAR CASE.
Superseded by Special Order #107
LR IA 10-3. GOVERNMENT
ATTORNEYS.
Unless otherwise ordered by the court, any
nonresident attorney who is a member in good
standing of the highest court of any state,
commonwealth, territory or the District of
Columbia, who is employed by the United States
as an attorney and, while being so employed, has
occasion to appear in this court on behalf of
the United States, shall, upon motion of the
United States Attorney or the Federal Public
Defender for this district or one of the
assistants, be permitted to practice before this
court during the period of such employment.
LR IA 10-4. LEGAL
SERVICES ATTORNEYS.
(a)
Unless otherwise ordered by the court, an
attorney in good standing with the highest court
of any state, commonwealth, territory, or the
District of Columbia, who becomes employed by or
associated with an organized legal services
program funded from state, federal or recognized
charitable sources and providing legal
assistance to indigents in civil matters, may be
admitted to practice before this court during
the period of such employment or association,
subject to the conditions of this rule.
(b)
Application for admission to practice pursuant
to this rule shall be filed with the clerk and
be accompanied by:
(1)
A certificate of the highest court of another
state certifying the attorney is a member in
good standing of the bar of that court; and
(2)
A statement signed by the executive director of
the organized legal services program that the
attorney is currently associated with such
program.
(c)
Admission to practice under this rule shall
terminate when the attorney ceases to be
employed by or associated with the legal
services program. When such attorney's
employment or association concludes, a statement
to that effect shall be filed immediately with
the clerk by the executive director of the legal
services program that sponsored the attorney's
admission.
(d)
Permission to practice pursuant to this rule is
limited to representing clients aided by or
under the auspices of the legal services program
that sponsored the attorney's admission. The
attorney may not receive compensation for such
representation beyond the salary or other
remuneration paid by the legal services program.
(e)
Permission to practice before this court is
limited, and no certificate shall be issued by
the clerk nor admission fee required.
LR IA 10-5. LAW
STUDENTS.
(a)
Upon leave of court, an eligible law student
acting under the supervision of a member of the
bar of this court may appear before a United
States district judge, bankruptcy judge,
magistrate judge or in a meeting in the United
States Bankruptcy Court pursuant to
11_U.S.C._§_341(a) on behalf of any client,
including federal, state or local government
bodies, if the client has filed written consent
with the court.
(b)
An eligible student must:
(1)
Be enrolled and in good standing in a law school
approved by the court and have completed
one-half (1/2) of the legal studies required for
graduation or be a recent graduate of such
school awaiting the results of a state bar
examination;
(2)
Have knowledge of the applicable Federal Rules
of Procedure and Evidence, the Model Rules of
Professional Conduct as set forth in LR IA
10-7(a), and all other rules of this court;
(3)
Be certified by the dean of the student's law
school as adequately trained to fulfill all
responsibilities as a law student intern to the
court;
(4)
Not accept compensation for any legal services
directly from a client; and
(5)
File with the clerk all documents required to
comply with this rule.
(c)
The supervising attorney shall:
(1)
Have been admitted to practice before the
highest court of any state for two (2) years or
longer and be admitted to practice before this
court;
(2)
Agree in writing to be the supervising attorney;
(3)
Appear with the student at all oral
presentations before the court;
(4)
Sign all documents filed with the court;
(5)
Assume professional responsibility for the
student's work in matters before the court;
(6)
Assist and counsel the student in preparing
matters before the court;
(7)
Be responsible to supplement the student's oral
or written work so as to ensure proper
representation of the client; and
(8)
Certify in writing that the student has
knowledge of the applicable Federal Rules of
Procedure and Evidence, the Model Rules of
Professional Conduct as set forth in LR IA
10-7(a), and all other rules of this court.
(d)
The dean's certification of the student shall be
filed with the clerk and, unless sooner
withdrawn, shall remain in effect until
publication of the results of the first bar
examination following graduation. The dean may
withdraw the certification by written notice to
the court.
(e)
Upon fulfilling the requirements of this rule,
the student may:
(1)
Assist in preparing briefs, motions and other
documents pertaining to a case before the court;
or
(2)
Appear and make oral presentations before the
court when accompanied by the supervising
attorney.
(f)
A student's eligibility to participate in
activities under this rule terminates
automatically:
(1)
If a student does not apply for and take the
first Nevada bar examination to be administered
after such student has satisfied the educational
requirements therefor;
(2)
Upon announcement of the results of that
examination if the student has failed to pass
it; or
(3)
Fifty (50) days after the results of that
general bar examination are announced, if the
student has passed.
LR IA 10-6.
APPEARANCES, SUBSTITUTIONS AND WITHDRAWALS.
(a)
A party who has appeared by attorney cannot
while so represented appear or act in the case.
An attorney who has appeared for a party shall
be recognized by the court and all the parties
as having control of the client's case. The
court in its discretion may hear a party in open
court even though the party is represented by an
attorney.
(b)
No attorney may withdraw after appearing in a
case except by leave of court after notice
served on the affected client and opposing
counsel.
(c)
Any stipulation to substitute attorneys shall be
by leave of court and shall bear the signatures
of the attorneys and of the client represented.
Except where accompanied by a request for relief
under subsection (e) of this rule, the signature
of an attorney to a stipulation to substitute
such attorney into a case constitutes an express
acceptance of all dates then set for pretrial
proceedings, for trial or hearing, by the
discovery plan, or in any court order.
(d)
Discharge, withdrawal or substitution of an
attorney shall not alone be reason for delay of
pretrial proceedings, discovery, the trial, or
any hearing in the case.
(e)
Except for good cause shown, no withdrawal or
substitution shall be approved if delay of
discovery, the trial or any hearing in the case
would result. Where delay would result, the
papers seeking leave of court for the withdrawal
or substitution must request specific relief
from the scheduled trial or hearing. If a trial
setting has been made, an additional copy of the
moving papers shall be provided to the clerk for
immediate delivery to the assigned district
judge, bankruptcy judge or magistrate judge.
LR IA 10-7. ETHICAL
STANDARDS, DISBARMENT, SUSPENSION AND
DISCIPLINE.
(a)
Model Rules.
An attorney admitted to practice pursuant to any
of these rules shall adhere to the standards of
conduct prescribed by the Model Rules of
Professional Conduct as adopted and amended from
time to time by the Supreme Court of Nevada,
except as such may be modified by this court.
Any attorney who violates these standards of
conduct may be disbarred, suspended from
practice before this court for a definite time,
reprimanded or subjected to such other
discipline as the court deems proper. This
subsection does not restrict the court's
contempt power.
(b)
Reciprocal discipline.
(1)
Should an attorney admitted to practice pursuant
to any of these rules be convicted of a felony
in any court, or disbarred or suspended from
practice by any court of the United States, the
Supreme Court of Nevada, or the highest court of
another state, commonwealth, territory, or the
District of Columbia, an order shall be entered
requiring the attorney to show cause why this
court should not enter an order suspending the
attorney from practice before this court.
(2)
Should an attorney admitted to practice pursuant
to any of these rules be transferred to
disability inactive status on the grounds of
incompetency or disability by any court of the
United States, the Supreme Court of Nevada, or
the highest court of another state,
commonwealth, territory, or the District of
Columbia, an order shall be entered requiring
the attorney to show cause why this court should
not enter an order placing the attorney on
disability inactive status.
(3)
An attorney who is the subject of an order of
disbarment, suspension or transfer to disability
inactive status may petition for reinstatement
to practice before this court or for
modification of such order as may be supported
by good cause and the interests of justice.
(c)
Upon receipt by the clerk of a certified copy of
an order or judgment of suspension, disbarment,
transfer to disability inactive status, or of a
judicial declaration of incompetency or
conviction of a felony or a crime of moral
turpitude concerning a member of the bar of this
court, or any other attorney admitted to
practice before this court, the clerk shall
bring such order to the attention of the court
which shall enter the order provided for in
subsections (b)(1) or (2) of this rule.
(d)
The clerk shall distribute copies of any order
of suspension, disbarment, transfer to
disability inactive status or other disciplinary
order entered pursuant to this rule to the
attorney affected, to all the judges in this
district, to the clerk of the Nevada Supreme
Court, to the Nevada State Bar Counsel and to
the American Bar Association's National
Disciplinary Data Bank.
(e)
On being subjected to professional disciplinary
action or convicted of a felony or a crime of
moral turpitude in Nevada or in another
jurisdiction, an attorney admitted to practice
pursuant to any of these rules shall immediately
inform the clerk in writing of the action.
(f)
Any attorney who, before admission to practice
before this court, or during any period of
disbarment, suspension or transfer to disability
inactive status from such practice, exercises
any of the privileges of an attorney admitted to
practice before this court, or who pretends to
be entitled to do so, is guilty of contempt of
court and subject to appropriate punishment.
Local Rules IB_-_United States Magistrate
Judges
LR IB 1-1. DUTIES UNDER 28_U.S.C._§_636(a).
Each United States magistrate judge in this
district is authorized to:
(a)
Exercise all powers and duties conferred or
imposed upon magistrate judges by
28_U.S.C._§_636(a);
(b)
Conduct extradition proceedings in accordance
with 18_U.S.C. §_3184; and
(c)
Establish schedules for the payment of fixed
sums to be accepted in lieu of appearance and
thereby terminate proceedings in petty offense
cases. Such schedules may be modified from time
to time with the prior approval of the court.
LR IB 1-2. DISPOSITION OF MISDEMEANOR CASES - 18
U.S.C. §_3401.
A
magistrate judge may:
(a)
Try persons accused of, and sentence persons
convicted of, misdemeanors committed within this
district in accordance with 18_U.S.C._§_3401;
and
(b)
Direct the probation service of the court to
conduct a presentence investigation and render a
presentence report in any misdemeanor case.
LR IB 1-3. DETERMINATION OF PRETRIAL MATTERS -
28 U.S.C._§_636(b)(1)(A).
A
magistrate judge may hear and finally determine
any pretrial matter not specifically enumerated
as an exception in 28_U.S.C._§_636(b)(1)(A).
LR IB 1-4. FINDINGS AND RECOMMENDATIONS -
28_U.S.C._§_636(b)(1)(B).
When a district judge refers a motion, petition
or application that a magistrate judge may not
finally determine in accordance with
28_U.S.C._§_636(b)(1)(B) to a magistrate judge,
the magistrate judge shall review it, conduct
any necessary evidentiary or other hearings and
file findings and recommendations for
disposition by the district judge. Motions
subject to such referral include, but are not
limited to:
(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 permit the maintenance of a class
action;
(e)
Motions to dismiss;
(f)
Motions for review of default judgments;
(g)
Motions to dismiss or quash an indictment or
information made by a defendant in a criminal
case;
(h)
Motions to suppress evidence in a criminal case;
(i)
Applications for post-trial relief made by
individuals convicted of criminal offenses;
(j)
Petitions by inmates challenging conditions of
confinement; and
(k)
Internal Revenue Service summons enforcements.
LR IB 1-5. JUDICIAL REVIEW OF ADMINISTRATIVE
PROCEEDINGS.
A
district judge may refer any civil action
seeking judicial review of an administrative
proceeding to a magistrate judge. The magistrate
judge shall review the matter, conduct any
necessary proceedings and file findings and
recommendations for disposition by the court.
LR IB 1-6.
HABEAS CORPUS AND
CRIMINAL CASES UNDER
28 U.S.C. §§
636(b)(1)(B), 2241, 2254
and 2255.
A
magistrate judge may perform any or all of the
duties imposed upon a district judge by the
rules governing proceedings under
28_U.S.C._§§_636(b)(1)(B), 2241, 2254 and 2255,
except in death penalty cases. In so doing a
magistrate judge may issue any preliminary
orders and conduct any necessary evidentiary
hearings or other appropriate proceedings, and
shall file findings of fact and recommendations
for disposition by the district judge.
LR IB 1-7. SPECIAL MASTER REFERENCES.
A
magistrate judge may be designated by a district
judge to serve as a special master in
appropriate civil cases in accordance with
28_U.S.C._§ 636(b)(2) and Fed. R. Civ. P._53.
LR IB 1-8. (RESERVED).
LR IB 1-9. OTHER DUTIES.
A
magistrate judge is also authorized to:
(a)
Exercise general supervision of civil and
criminal calendars, conduct calendar and status
calls, and determine motions to expedite or
postpone the trial of cases for the district
judges;
(b)
Conduct pretrial conferences, settlement
conferences, omnibus hearings, and related
pretrial proceedings in civil and criminal
cases;
(c)
Preside over all initial appearances,
preliminary examinations, and arraignments
before the district court, appoint counsel,
accept pleas of not guilty, establish the times
within which all pretrial motions will be filed
and responded to, and fix trial dates. If a plea
of guilty or
nolo contendere is
offered the matter will be forthwith calendared
before a district judge;
(d)
Preside when the Grand Jury reports and accept
for the court any indictments returned, issue
warrants and summonses as appropriate, establish
the terms of release pending trial, and continue
the same if previously fixed, or modify the
terms of release;
(e)
Accept waivers of indictment pursuant to Fed. R.
Crim. P. 7(b);
(f)
Accept petit jury verdicts in civil and criminal
cases at the request of a district judge and fix
dates for imposition of sentence;
(g)
Issue subpoenas, writs of
habeas corpus ad testificandum or
prosequendum,
and other orders necessary to obtain the
presence of parties, witnesses or evidence
needed for court proceedings;
(h)
Order the exoneration or forfeiture of bonds;
(i)
Fix the terms of release pending sentencing and
appeal;
(j)
Have and exercise the powers of a district judge
with respect to the issuance of warrants of
removal and in the implementation and execution
of the provisions of Fed. R. Crim. P._40;
(k)
Conduct examinations of judgment debtors under
Fed. R. Civ. P._69;
(l)
Issue orders authorizing the installation and
use of devices to register telephone numbers
dialed or pulsed or directing communication
common carriers, as defined in 18_U.S.C.
§_2510(10), to furnish law enforcement agencies
with information, facilities and technical
assistance necessary to accomplish the
installation and use of the registering device;
(m)*Decide
petitions to enforce administrative summonses;
(n)
Preside over proceedings to enforce civil
judgments;
(o)
Issue orders authorizing entries to effect
levies;
(p)
Issue administrative inspection warrants;
(q)
Serve as a Commissioner in land condemnation
cases;
(r)
Conduct international prisoner transfer
hearings;
(s)
Conduct hearings to determine mental competency
pursuant to 18 U.S.C. § 4242,
et
seq.;
(t)
Select petit juries in criminal and civil cases
with the consent of the parties; and
(u)
Perform any additional duty not inconsistent
with the Constitution and laws of the United
States.
LR IB 2-1. CONDUCT OF CIVIL TRIALS BY UNITED
STATES MAGISTRATE
JUDGES; CONDUCT OF TRIALS AND DISPOSITION OF
CIVIL CASES
UPON CONSENT OF THE PARTIES -
28_U.S.C._§_636(c).
The
magistrate judges of this district are
designated to exercise all jurisdiction in civil
jury and non-jury cases pursuant to
28_U.S.C._§_636(c). Upon the written consent of
the parties and a reference of a civil case by
the district judge to a magistrate judge, a
magistrate judge may conduct any or all
proceedings in the case, 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 conducting such
proceedings a magistrate judge may hear and
determine any and all pretrial and post-trial
motions filed by the parties, including
case-dispositive motions.
LR IB 2-2. SPECIAL PROVISIONS FOR THE
DISPOSITION OF CIVIL CASES BY
A UNITED STATES MAGISTRATE JUDGE ON CONSENT OF
THE
PARTIES - 28 U.S.C. §_636(c).
(a)
Except as otherwise ordered by the court, the
clerk shall notify the parties in all civil
cases that they may consent to have a magistrate
judge conduct any or all proceedings in the case
and order the entry of a final judgment. Such
notice shall be served by the clerk upon all
parties at the time of the filing of the
scheduling order required by LR 26-1(b).
Additional notices may be furnished to the
parties at later stages of the proceedings and
may be included with pretrial notices and
instructions.
(b)
After consent forms have been executed and
submitted by all parties the clerk shall
transmit the case and the consent forms to the
district judge to whom the case has been
assigned for consideration of referral of the
case to a magistrate judge. If the case is
referred to a magistrate judge, the magistrate
judge shall have the authority to conduct any
and all proceedings to which the parties have
consented and to direct the clerk to enter a
final judgment in the same manner as if a
district judge had presided.
(c)
Parties may consent to a trial by a magistrate
judge up to the date of trial even though they
may have previously declined to sign such a
consent.
(d)
Parties may consent to have a magistrate judge
hear all or any portions of a case pending
before the district court.
LR IB 3-1. REVIEW AND APPEAL - UNITED STATES
MAGISTRATE JUDGE;
REVIEW OF MATTERS WHICH MAY BE FINALLY
DETERMINED
BY MAGISTRATE JUDGE IN CIVIL AND CRIMINAL CASES
-
28 U.S.C. §_636(b)(1)(A).
(a)
A district judge may reconsider any pretrial
matter referred to a magistrate judge in a civil
or criminal case pursuant to LR IB 1-3 where it
has been shown that the magistrate judge's
ruling is clearly erroneous or contrary to law.
Any party wishing to object to the ruling of the
magistrate judge on a pretrial matter shall,
within ten (10) days from the date of service of
the magistrate judge's ruling, file and serve
specific written objections to the ruling
together with points and authorities in support
thereof. The opposing party shall within ten
(10) days thereafter file and serve points and
authorities opposing the objections. Points and
authorities filed in support of or in opposition
to the objections are subject to the page limits
set forth in LR 7-4 or LCR 47-7.
(b)
The clerk shall then submit the case file to the
district judge. The district judge may affirm,
reverse or modify, in whole or in part, the
ruling made by the magistrate judge. The
district judge may also remand the same to the
magistrate judge with instructions.
LR IB 3-2. REVIEW OF MATTERS WHICH MAY NOT BE
FINALLY DETERMINED
BY A UNITED STATES MAGISTRATE JUDGE IN CIVIL AND
CRIMINAL
CASES, ADMINISTRATIVE PROCEEDINGS, PROBATION
REVOCATION
PROCEEDINGS - 28 U.S.C. §_636(b)(1)(B).
(a)
Any party wishing to object to the findings and
recommendations of a magistrate judge made
pursuant to LR IB 1-4, IB 1-5, IB 1-6 and IB 1-7
shall, within ten (10) days from the date of
service of the findings and recommendations,
file and serve specific written objections
together with points and authorities in support
thereof. The opposing party shall within ten
(10) days thereafter file and serve points and
authorities opposing the objections. Points and
authorities filed in support of, or in
opposition to, the objections are subject to the
page limits set forth in LR 7-4 or LCR 47-7.
(b)
The clerk shall then submit the case file to the
district judge who shall make a
de
novo determination
of those portions of the specified findings or
recommendations to which objections have been
made. The district judge may accept, reject or
modify, in whole or in part, the findings or
recommendations made by the magistrate judge.
The district judge may also receive further
evidence or remand the same to the magistrate
judge with instructions.
LR IB 3-3. APPEAL FROM JUDGMENTS IN MISDEMEANOR
CASES -
A
defendant may appeal a judgment of conviction by
a magistrate judge in a misdemeanor case to a
district judge by filing a notice of appeal
within ten (10) days after entry of the judgment
and by serving a copy of the notice upon the
United States Attorney. The scope of appeal
shall be the same as on an appeal from a
judgment of the district court to the Court of
Appeals.
LR IB 3-4. 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) and LR IB 2-1
supra,
an appeal by an aggrieved party shall be taken
directly to the Court of Appeals in the same
manner as an appeal from any other judgment of
this court.
LR IB 3-5. APPEAL FROM
UNITED STATES MAGISTRATE JUDGE'S RELEASE AND
DETENTION ORDERS.
A
motion under 18 U.S.C. §_3145(a) or (b) seeking
revocation or amendment of a magistrate judge's
release or detention order shall be entitled
“Appeal from Magistrate Judge's Release (or
Detention) Order.” |