Case 2:03-mc-03156-MHT Document 5 Filed 11/01/24 Page 1 of 5
IN THE UNITED STATES DISTRICTCOURT
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FOR THE MIDDLE DISTRICT OF ALABAMA .. .._ J -:-.
IN RE: ASSIGNMENT OF ) ZOZLI /' i' - I P f: O5
"REGULAR CIVIL CASES" TO ) GENERAL ORDER
UNITED STATES MAGISTRATE ) NO. 2:03-mc-3156;-ECM
JUDGES )
GENERAL ORDER
For good cause, it is ORDERED that the previous General Orders entered in this case
regarding the assignment of "regular civil cases" to United States Magistrate Judges are
VACATED.
I. Introduction
This General Order is adopted under 28 U.S.C. § 636(c) and United States District
Court for the Middle District of Alabama's Local Rules 72.2 and 73.1. The District Judges
designate the Magistrate Judges of this District to exercise jurisdiction over civil matters and
specially designate them to enter final judgments in civil cases, provided all parties to the
case consent to proceed before the Magistrate Judge as established in this Order. The purpose
of the procedures in this Order is to increase the percentage of consent cases to advance
further the Federal Rules of Civil Procedure's mandate "to secure the just, speedy, and
inexpensive determination of every action and proceeding." Fed. R. Civ. P. 1.
In most cases, a civil case is randomly assigned to a United States District Judge and
a United States Magistrate Judge. Local Rule 72.2(a) gives the Magistrate Judges the
authority to hear and finally determine pretrial and non-dispositive matters, and any appeal
of the Magistrate Judge's rulings are made to the District Judge. It is the intent of the Court
to facilitate the direct assignment of civil cases under 28 U.S.C. § 636 to the Magistrate Judges
Case 2:03-mc-03156-MHT Document 5 Filed 11/01/24 Page 2 of 5
to make decisions affecting the final disposition of cases. The public, the parties to civil
litigation, and the Court are well served by assignment to Magistrate Judges of all appropriate
cases.
As set out below, the Court assigns a percentage of newly filed, regular civil cases to
Magistrate Judges. Consent to a Magistrate Judge is voluntary. When a case is directly
assigned to a Magistrate Judge, all parties will receive a Notice of Assignment to the U.S.
Magistrate Judge and Form to Decline Consent to the U.S. Magistrate Judge (Form). Any
party may decline consent by signing and returning the Form to the Clerk of Court.
Effective November 1, 2024, each party will be deemed to have knowingly and
voluntarily consented to proceed before the assigned Magistrate Judge under 28 U.S.C.
§ 636( c) if the Form is not received by the Clerk of Court by the deadline designated in
the Form originally sent to each party. This Order does not modify the random assignment
of other civil cases to a District Judge. In those cases, a Magistrate Judge also will be assigned
to handle pretrial and. non-dispositive matters.
II. Procedure for Assignment and Consent
A. It is ORDERED that, beginning November 1, 2024, the Clerk of Court must maintain
procedures that accomplish the following:
1. The identification of forty percent (40%) of the "regular civil cases" for primary
assignment to a Magistrate Judge and the random assignment of those cases to one
of the Court's Magistrate Judges. The term "primary assignment" means
presumptive assignment of a case to a Magistrate Judge for all purposes, including
entry of judgment unless a party declines consent. For the purposes of this order,
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"regular civil cases" do not include pro se cases, bankruptcy appeals, bankruptcy
withdrawals, cases in which a plaintiff seeks review under 42 U.S.C. § 405(g) of a
decision of the Commissioner of Social Security, civil forfeiture cases, qui tam
cases, putative-class actions, cases initiated with a motion for temporary restraining
order or preliminary injunction, and, in the Court's discretion, any other case
deemed unsuitable for primary assignment.
2. The random assignment of all regular civil cases to a District Judge and, in those
cases identified for primary assignment to a Magistrate Judge, a mechanism that
identifies the assigned District Judge only for the Court and Court staff of the
District Judge to whom the case is assigned.
3. Review by the assigned District Judge of those cases selected for pnmary
assignment to a Magistrate Judge so that a District Judge may exercise the right to
remove a case from primary assignment to a Magistrate Judge.
B. Upon primary assignment of a regular civil case to a Magistrate Judge, the Clerk of
Court must:
1. Provide the parties at the time of their first appearance with a Notice of Assignment
to the U.S. Magistrate Judge and Form to Decline Consent to the U.S. Magistrate
Judge (Form); and
2. Docket a copy of this General Order and the Form.
C. The Form must advise the parties of the following:
1. That consent to the assigned Magistrate Judge is voluntary;
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2. That any party may decline consent and request reassignment to a District Judge
without any adverse consequences;
3. That the Form must be received by the Clerk of Court within twenty-one days from
the party ' s first appearance should the party choose to decline consent; and
4. That, upon receipt of the Form, the case will be reassigned randomly to a District
Judge.
D. Any party wishing to decline consent must sign and return the Form to the Clerk
of Court within twenty-one days from their first appearance in the case. If the Form is
not received by the Clerk of Court within twenty-one days of the party's first
appearance, the party will be deemed to have knowingly and voluntarily consented to
proceed before the assigned Magistrate Judge under 28 U.S.C. § 636(c).
E. If a party declines consent, the identity of that party will not be communicated to any
judge. All matters that arise in a case before the deadline by which consent must be declined
are deemed referred to the Magistrate Judge under 28 U.S.C. § 636(b).
F. The Magistrate Judge assigned to the consented case will handle all dispositive, non-
dispositive, and pretrial matters, including discovery. Any appeal of an order or final
judgment will be taken to the United States Court of Appeals for the Eleventh Circuit.
G. A Magistrate Judge may recuse from a case upon determination that there is a conflict
of interest. In that event, another Magistrate Judge will be randomly assigned as the presiding
judge, and no further declination of consent will be entertained beyond the deadline
designated in the Form originally sent to each party.
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H. If any party declines consent, the previously assigned Magistrate Judge will remain
assigned to the case and will handle pretrial and non-dispositive matters. The identity of a
declining party will not be disclosed to any judge.
I. If a party challenges the consent process or moves to withdraw consent, the case will
be randomly assigned to a District Judge to resolve the issue of consent. The previously
assigned Magistrate Judge will remain assigned to the case.
J. In all cases initially assigned to a District Judge, the parties also may consent to having
the case heard by a Magistrate Judge assigned as the presiding judge. If the parties consent,
the Clerk of Court may reassign the case to a Magistrate Judge as set forth under 28 U.S .C.
§ 636(c).
Done this the 1st day of November, 2024.
S DISTRICT JUDGE
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