|F.R.Civ.P. 72. Magistrate Judges; Pretrial Orders|
L.R. 72-1 Duties and Functions of Magistrate Judges. United States Magistrate Judges of this Court are authorized to perform all of the duties and functions prescribed and authorized by 28 U.S.C. § 636, or any other statutes or Federal Rules of Procedure which authorize Magistrate Judges to perform judicial duties or functions, as set forth in General Order No. 01-13, or any successor General Order. Magistrate Judges shall have the inherent power of judicial officers to implement and enforce their own orders and to regulate proceedings before them, to the extent permitted by law.
L.R. 72-2 Nondispositive Rulings on Pretrial Matters
L.R. 72-2.1 Motions for Review of Nondispositive Rulings.1 Any party objecting under F.R.Civ.P. 72(a) to a Magistrate Judge’s ruling on a pretrial matter not dispositive of a claim or defense must file a motion for review by the assigned District Judge, designating the specific portions of the ruling objected to and stating the grounds for the objection. Such motion shall be filed within fourteen (14) days of an oral ruling which the Magistrate Judge indicates will not be followed by a written ruling, or within fourteen (14) days of service of a written ruling.
L.R. 72-2.2 Effectiveness of Magistrate Judge’s Ruling Pending Review. Regardless of whether a motion for review has been filed, the Magistrate Judge’s ruling remains in effect unless the ruling is stayed or modified by the Magistrate Judge or the District Judge.
L.R. 72-3 Dispositive Motions and Prisoner Petitions
L.R. 72-3.1 Duties of Magistrate Judge. Upon the assignment of a case covered by F.R.Civ.P. 72, the Magistrate Judge shall conduct all necessary proceedings. Pursuant to Rule 10 of the Rules Governing Section 2254 Cases in the United States District Courts, the duties imposed upon a Judge of the District Court may be performed by a full-time Magistrate Judge (except in death penalty cases).
L.R. 72-3.2 Summary Dismissal of Habeas Corpus Petition. The Magistrate Judge promptly shall examine a petition for writ of habeas corpus, and if it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief, the Magistrate Judge may prepare a proposed order for summary dismissal and submit it and a proposed judgment to the District Judge.
L.R. 72-3.3 Report by Magistrate Judge. In habeas cases that are not summarily dismissed, and in all other matters covered by F.R.Civ.P. 72(b) that the Magistrate Judge determines can be resolved without trial, the Magistrate Judge shall file a report which may contain proposed findings of fact, conclusions of law and recommendations for disposition. If the Magistrate Judge concludes that a trial by a District Judge is required, the Magistrate Judge shall so report to the District Judge.
L.R. 72-3.4 Objections to Report Where Party In Custody. If a party is in custody at the time of the filing of the Magistrate Judge’s report, the time for filing objections allowed under F.R.Civ.P. 72(b) shall be twenty (20) days or such further time as the Magistrate Judge may order.
L.R. 72-3.5 Determination of Objections by District Judge. If no objections are filed within the time allowed, the Magistrate Judge shall submit the matter to the District Judge on the basis of the original report. If objections are timely filed, the Magistrate Judge may issue a revised or supplemental report or submit the matter to the District Judge on the basis of the original report.
L.R. 72-3.6 Filing of Transcript. If an evidentiary hearing was conducted by the Magistrate Judge, the party objecting shall obtain and file a certified transcript of the hearing or pertinent part thereof. Upon application, the Magistrate Judge may extend the time to file the transcript.
L.R. 72-4 Post-Judgment Matters. Following entry of judgment, all motions or other matters not covered by L.R. 69-1 shall be considered and determined by the District Judge.
L.R.72-5 Motion To Disqualify Magistrate Judge. A motion to disqualify a Magistrate Judge pursuant to 28 U.S.C. §§ 144 or 455 shall be made to the assigned District Judge. If no District Judge has been assigned, the matter shall be handled by the appropriate duty District Judge. A copy of the motion shall be submitted to the assigned Magistrate Judge, and the Magistrate Judge shall not proceed with the matter until the motion has been determined. If the District Judge denies the motion, the case shall proceed as originally assigned. If the District Judge grants the motion, the case shall be returned to the Clerk for assignment to a different Magistrate Judge.
1(72-2.1 amended, effective 1/1/10)