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LR 72.1 United States Magistrate Judges

(a)   Authority of Magistrate Judges

(1)   General. Pursuant to 28 U.S.C. § 636(b)(4), each United States magistrate judge appointed by this court is authorized to exercise all powers and perform all duties conferred upon magistrate judges by 28 U.S.C. § 636, as amended.

(2)   Specific Duties. A magistrate judge may:

(A)   conduct extradition proceedings, in accordance with 18 U.S.C. § 3184;

(B)   direct the probation department to conduct a presentence investigation in a case in which the magistrate judge has exercised trial jurisdiction under 18 U.S.C. § 3401;

(C)   hear and determine any nondispositive pretrial motions in civil and criminal cases, and hear and recommend the determination of any dispositive motions in such cases;

(D)   exercise general supervision of civil and criminal calendars, conduct calendar and status calls, determine motions to expedite or postpone the trial of cases for the district judges;

(E)   conduct pretrial conferences, settlement conferences, and related pretrial proceedings in civil and criminal cases;

(F)   conduct arraignments in criminal cases not triable by the magistrate judge and take not guilty pleas in such cases;

(G)   receive grand jury returns in accordance with Fed. R. Crim. P. 6(f);

(H)   accept waivers of indictment, pursuant to Fed. R. Crim. P. 7(b);

(I)   conduct voir dire and select petit juries for the court, with the consent of the parties;

(J)   accept petit jury verdicts in civil cases in the absence of a district judge;

(K)   conduct necessary proceedings leading to the potential revocation of probation;

(L)   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 court proceedings;

(M)   order the exoneration or forfeiture of bonds;

(N)   conduct proceedings for the collection of civil penalties of not more than $200 assessed under the Federal Boat Safety Act of 1971, 46 U.S.C. § 4311(d);

(O)   conduct examinations of judgment debtors in accordance with Fed.R. Civ. P. 69;

(P)   conduct proceedings for initial commitment of narcotics addicts under the Narcotic Addict Rehabilitation Act, 42 U.S.C. § 3412;

(Q)   supervise proceedings conducted pursuant to letters rogatory in accordance with 28 U.S.C. § 1782;

(R)   consider and, when appropriate, grant applications of the United States to enter premises for the purpose of seizing property or the rights to property subject to levy, pursuant to 26 U.S.C. § 6331;

(S)   submit to a district judge of the court a report containing proposed findings of fact and recommendations for disposition by the district judge on motions for review of default judgments.

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

(3)   Consent Jurisdiction. Upon the consent of the judge to whom the case is assigned, and with the consent of the parties, magistrate judges are authorized to conduct civil proceedings (LR 73.1).

(4)   Other Duties. A magistrate judge may perform any other duty authorized by 28 U.S.C. § 636.

(b)   Assignment of Duties to Magistrate Judges

(1)   General. A magistrate judge may perform any of the duties authorized above upon specific reference by a judge of the court or pursuant to a general order of the court assigning duties. In performing such duties the magistrate judge will conform to the general procedural rules of this court, the instructions of the district judge to whom the case is assigned, and the Plan for the Administration of the Magistrate Judge System.

(2)   Prisoner Cases Under 28 U.S.C. §§ 2254, 2255 and 42 U.S.C. § 1983. In addition to the authority granted in 28 U.S.C. § 636(b)(1)(B), Rule 10 of the Rules Governing Section 2254 Cases in the United States District Courts and Rule 8(b) of the Rules Governing Section 2255 Proceedings in the United States District Courts, a magistrate judge may issue any preliminary orders and conduct any necessary evidentiary or other appropriate hearings in prisoner cases under 28 U.S.C. §§ 2254, 2255 and 42 U.S.C. § 1983.

(3)   Social Security Benefits Cases. All cases seeking review of a denial of social security benefits will be assigned both to a district judge and a magistrate judge by the clerk of the court at the time of filing. The clerk will provide for the random selection of a magistrate judge so that each magistrate judge in this district receives an equal share of all such cases from each division of the court. The magistrate judge will determine all non-dispositive motions in such cases pursuant to 28 U.S.C. § 636(b)(1)(A) and will file a report and recommendation in each such case pursuant to 28 U.S.C. § 636(b)(1)(B) and (C).

(c)   Registry Funds. A magistrate judge is authorized to enter an order of the court under 28 U.S.C. § 2042 to withdraw registry funds in any matter in which the magistrate judge is authorized by law to enter judgment, including but not limited to:

(1)   misdemeanor and petty offense cases disposed of by a magistrate judge pursuant to 18 U.S.C. § 3401; 28 U.S.C. § 636(a)(3);

(2)   bail release proceedings in which a magistrate judge has ordered bail money to be deposited into court pursuant to 18 U.S.C. § 3141 et seq.; 28 U.S.C. § 636(a)(2); and

(3)   pretrial matters referred to the magistrate judge for determination pursuant to 28 U.S.C. § 636(b)(1)(A).

(d)   Review and Appeal

(1)   Objections under Fed. R. Civ. P. 72 must:

(A)   specify the part of the order, proposed findings, recommendations, or report to which a person objects; and

(B)   state the basis for the objection.

(2)   A person serving objections permitted by Fed. R. Civ. P. 72 must serve them on the magistrate judge and all parties and other persons entitled to be heard on the matter.

(3)   A person may respond to objections within 14 days of service.

(4)   A person may file a reply brief within 7 days of service of a response.

(5)   LR 7.1 governs the form of objections, responses, and replies.

COMMENT:   28 U.S.C. § 636(b)(4) requires that "Each district court shall establish rules pursuant to which the magistrate judges shall discharge their duties."

LR 72.1(d) conforms procedures for the filing of objection to a Magistrate judge's order or report and recommendation to the provisions of Fed. R. Civ. P. 72 and provides that the form and time limits for the filing of responses to objections are to be governed by LR 7.1.

Review of matters referred under LR 72.1 is by the district judge. Review of matters referred under LR 73.1 is in the court of appeals.

Effective December 1, 2009, the time to file objections under Fed. R. Civ. P. 72 will change from 10 days to 14 days.

March 1, 2010


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