LR 72.  MAGISTRATE JUDGES

LR 72.1 Duties Under 28 U.S.C. § 636(a). Each full‑time United States Magistrate Judge is authorized to perform the duties prescribed by 28 U.S.C. § 636(a), and may:

(a) Exercise all the powers and duties conferred or imposed upon the United States commissioners by law or the Federal Rules of Criminal Procedure;

(b) Administer oaths and affirmations, impose conditions of release or order detention under 18 U.S.C. § 3142, and take acknowledgments, affidavits, and depositions;

(c) Try persons accused of misdemeanor offenses committed within this district in accordance with 18 U.S.C. § 3401, order a presentence investigation report on any such person who is convicted or pleads guilty or nolo contendere, and sentence such persons.

(d) Conduct removal proceedings and issue warrants of removal in accordance with Rule 40, Federal Rules of Criminal Procedure;

(e) Supervise proceedings conducted pursuant to letters rogatory, in accordance with 28 U.S.C. § 7182.

LR 72.2 Nondispositive Pretrial Matters. In accordance with 28 U.S.C. § 636(b)(1)(A), a Magistrate Judge may hear and determine any pretrial matter, other than those motions specified in Local Rule 72.3(a)(3). Any party may serve and file objections to a Magistrate Judge's determination made under this rule within ten (10) days after being served with a copy of the Magistrate Judge's order.  Any objection shall specifically designate the order or portion thereof to which objection is made and the basis for such objection. The District Judge to whom the case is assigned shall consider the objection and set aside any portion of the Magistrate Judge's order found to be clearly erroneous or contrary to law. Such Judge may also reconsider any matter sua sponte.

LR 72.3 Dispositive Pretrial Matters and Prisoner Cases.

(a) In accordance with 28 U.S.C. § 636(b)(1)(B) and (c), a full‑time Magistrate Judge may hear and conduct such evidentiary hearings as are necessary or appropriate, and submit to a District Judge proposed findings of fact and recommendations, for the disposition of: (1) applications for post‑trial relief made by individuals convicted of criminal offenses; (2) prisoner petitions challenging conditions of confinement; and (3) motions for injunctive relief (including temporary restraining orders and preliminary injunctions), for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by a defendant, to suppress evidence in a criminal case, to dismiss or permit the maintenance of a class action, to dismiss for failure to state a claim upon which relief may be granted, to involuntarily dismiss an action, for judicial review of administrative determinations, and for review of default judgments.

(b) Any party may serve and file written objections to the Magistrate Judge's proposed findings and recommendations issued under this Rule within ten (10) days after being served with a copy of the Magistrate Judge's report. Any objections shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for such objection. The assigned District Judge shall make a de novo determination upon the record, or after additional evidence, of those portions of the Magistrate Judge's disposition 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 may also receive further evidence, recall witnesses, or recommit the matter to the Magistrate Judge with instructions.

(c) A Magistrate Judge may exercise the powers enumerated in the Rules Governing Section 2254 and 2255 Proceedings in the United States District Courts, in accordance with the standards and criteria established in 28 U.S.C. § 636(b)(1).

LR 72.4 Other Duties of Magistrate Judges. A Magistrate Judge is also authorized to:

(a) Conduct pretrial conferences, settlement conferences, omnibus hearings, and related pretrial proceedings;

(b) Conduct arraignments in cases not triable by the Magistrate Judge to the extent of taking a not guilty plea or noting a defendant's intention to plead guilty or nolo contendere and ordering a presentence report in appropriate cases;

(c) Receive grand jury returns in accordance with Rule 6(f) of the Federal Rules of Criminal Procedure;

(d) Conduct voir dire and select petit juries for Court, and accept petit jury verdicts in civil cases in the absence of the District Judge;

(e) Conduct necessary proceedings leading to the potential revocation of probation or supervised release;

(f) Issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad prosequendum, or other orders necessary to obtain the presence of parties or witnesses or evidence needed for court proceedings;

(g) Order the exoneration or forfeiture of bonds;

(h) Conduct proceedings for the collection of civil penalties of not more than $200.00 assessed under the Federal Boat Safety Act of 1971, in accordance with 46 U.S.C. § 1484(d);

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

(j) When authorized by the District Judge, a full‑time Magistrate Judge may:

(k) Exercise the contempt powers conferred by 28 U.S.C. § 636(c).

LR 72.5 Assignment of Duties to Magistrate Judges.

(a) Criminal Cases. Upon the return of an indictment or the filing of an information, all criminal cases shall be assigned by the Clerk of the Court to a Magistrate Judge for the conduct of an initial appearance and arraignment and the appointment of counsel to the extent authorized by law. The Magistrate Judge shall conduct such pretrial conferences as are necessary and shall hear and determine all pretrial procedural and discovery motions, in accordance with Rule 72.2, supra. A full-time Magistrate Judge may hear motions to suppress evidence and motions to dismiss or quash an indictment or information made by the defendant and shall submit a report and recommended disposition of such motions to the District Judge in accordance with Rule 72.3, supra. In conducting such proceedings, the Magistrate Judge shall conform to the general procedural rules of this Court and the instructions of the assigned District Judge.

(b) Civil Cases. A Magistrate Judge may issue scheduling orders, and, where requested by the presiding District Judge, conduct initial and additional pretrial conferences and settlement conferences in civil cases. In conducting such proceedings, the Magistrate Judge shall conform to the general procedural rules of this Court and the instructions of the assigned District Judge.

(c) Misdemeanor Cases. All misdemeanor cases shall be assigned, upon the filing of an information, complaint or violation notice, or the return of an indictment, to a full‑time Magistrate Judge, who shall proceed in accordance with the provisions of 18 U.S.C. § 3401 and Rule 58 of the Federal Rules of Criminal Procedure.

(d) The full-time Magistrate Judges are hereby granted jurisdiction to authorize the installation and use of pen registers, and execute orders directing telephone company assistance to the Government for such installations, upon the request of the United States Attorney.

Back to Top

Continue to Local Rule 73...