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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, IB 1-7 and IB 1-8 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.”
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