(a) Authorized Duties.
(1) Magistrate Judges are authorized to exercise all of the powers and duties
set forth in 28 U.S.C. § 636(a) and (b) and are authorized to perform any and
all additional duties as may be assigned from time to time, consistent with the
Constitution and laws of the United States.
(2) The duties authorized to be performed by Magistrate Judges, when
assigned to them pursuant to Local Rule 72(b), include, but are not limited to:
(A) Issuing search warrants, Fed. R. Crim. P. 41, issuing seizure warrants,
issuing warrants to install a tracking device, 18 U.S.C. § 3117 or Fed. R.
Crim. P. 41, issuing orders for disclosure of the contents of wire or
electronic communications or records, 18 U.S.C. § 2703(d), issuing orders
for a pen register or a trap and trace device, 18 U.S.C. §§ 3122-3123, and
issuing administrative inspection warrants upon proper application
meeting the requirements of applicable law;
(B) Issuing complaints and appropriate summonses or arrest warrants for
the named Defendant, Fed. R. Crim. P. 4;
(C) Conducting initial appearance proceeding, Fed. R. Crim. P. 5;
(D) Appointing counsel for indigent persons, approving compensation and
expense vouchers, and all other duties in conformance with the Court’s
Criminal Justice Act Plan;
(E) Conducting preliminary examinations, Fed. R. Crim. P. 5.1; 18 U.S.C.
§ 3060;
(F) Conducting removal hearings for Defendants charged in other
Districts, including the issuance of warrants of removal, Fed. R. Crim. P.
40;
(G) Issuing writs of habeas corpus ad testificandum and habeas corpus ad
prosequendum, 28 U.S.C. § 2241(c)(5);
(H) Releasing or detaining material witnesses, 18 U.S.C. § 3144;
(I) Issuing warrants and conducting extradition proceedings pursuant to
18 U.S.C. § 3184;
(J) Conducting proceedings for the discharge of indigent prisoners or
persons imprisoned for debt under process or execution issued by a Federal
Court, 28 U.S.C. § 2007;
(K) Issuing attachment or other orders to enforce obedience to an Internal
Revenue Service summons to produce records or given testimony, 26 U.S.C.
§ 7604(b);
(L) Conducting post-indictment arraignments, accepting not guilty pleas,
accepting guilty pleas in misdemeanor and other petty offense cases with
the consent of the Defendant, when required, and the ordering of a
presentence investigation report concerning any Defendant who expresses
the desire to plead guilty, Fed. R. Crim. P. 10, 11(a), 32(c) & 58;
(M) Empaneling grand juries; accepting the return of an indictment by the
grand jury; granting leave to the government to dismiss a criminal
complaint; and dismissing a criminal complaint upon a finding of
unnecessary delay in presenting a charge to the grand jury, filing an
information against a Defendant, or bringing a Defendant to trial, Fed. R.
Crim. P. 6(a) & 6(f), 48(a) & 48(b);
(N) Supervising and determining all pretrial proceedings and motions
made in criminal cases including, without limitation, motions and orders
made pursuant to Fed. R. Crim. P. 12, 12.2(c), 14-17.1, & 28, 18 U.S.C. §
4244, orders determining excludable time under 18 U.S.C. § 3161, and
orders dismissing a complaint without prejudice for failure to return a
timely indictment under 18 U.S.C. § 3162; except that a Magistrate Judge
may not grant a motion to dismiss or quash an indictment or information,
or a motion to suppress evidence, or any other case dispositive motion, but
may make recommendations to the District Judge concerning them;
(O) Conducting hearings and issuing orders upon motions arising out of
grand jury proceedings, including orders entered pursuant to 28 U.S.C. §
6003, and orders involving enforcement or modification of subpoenas,
directing or regulating lineups, photographs, handwriting exemplars,
fingerprinting, palm printing, voice identification, medical examinations,
and the taking of blood, urine, fingernail, hair, and bodily secretion
samples (with appropriate safeguards);
(P) Conducting hearings and issuing orders arising out of a motion for
return of property pursuant to Fed. R. Crim. P. 41(g), except that, to the
extent the motion is treated as a motion to suppress under Fed. R. Crim. P.
12, then it must be handled in accordance with subparagraph (2)(N) of this
Rule;
(Q) Conducting preliminary hearings in all probation or supervised release
revocation proceedings, and conducting final hearings for misdemeanors
when the Defendant has previously consented to the exercise of jurisdiction
by the Magistrate Judge, Fed. R. Crim. P. 32.1;
(R) Processing and reviewing habeas corpus petitions or applications filed
pursuant to 28 U.S.C. § 2241, those filed by state prisoners pursuant to 28
U.S.C. § 2254, or by federal prisoners pursuant to 28 U.S.C. § 2255, and
civil suits filed by state prisoners under 42 U.S.C. § 1983. Magistrate
Judges have the authority to require responses, issue orders to show cause
and any other orders necessary to develop a complete record, and to
prepare a report and recommendation to the District Judge as to
appropriate disposition of the application, petition, or claim;
(S) Supervising and determining all pretrial proceedings and motions
made in civil cases including, without limitation, rulings upon all
procedural and discovery motions, and conducting pretrial conferences;
except that a Magistrate Judge (absent the consent of all affected parties)
may not appoint a receiver, issue an injunctive order pursuant to Fed. R.
Civ. P. 65, enter an order dismissing or permitting maintenance of a class
action pursuant to Fed. R. Civ. P. 23, enter any order granting judgment on
the pleadings or summary judgment, in whole or in part, pursuant to Fed.
R. Civ. P. 12(c) or 56, enter an order of involuntary dismissal pursuant to
Fed. R. Civ. P. 41(b) or (c), or enter any other order or judgment dispositive
of a claim or defense, but may make reports and recommendations to that
District Judge concerning them;
(T) Conducting mediation conferences, or other alternative dispute
resolution (ADR) procedures, pursuant to the District’s ADR Program;
(U) Conducting all proceedings in civil suits after judgment incident to the
issuance of writs of replevin, garnishment, attachment, or execution
pursuant to governing state or federal law, and conducting all proceedings
and entering all necessary orders in aid of execution pursuant to Fed. R.
Civ. P. 69;
(V) With the consent of the parties, presiding over the voir dire
examination and empanelment of trial juries in civil and criminal cases and
accepting jury verdicts in the absence of the District Judge;
(W) Processing and reviewing all suits instituted under any law of the
United States providing for judicial review of final decisions of
administrative officers or agencies on the basis of the record of
administrative proceedings, and the preparation of a report and
recommendation to the District Judge concerning the disposition of the
case;
(X) Serving as a special master in accordance with Fed. R. Civ. P. 53;
(Y) In admiralty cases, entering orders:
(i) For the seizure and appointing substitute custodians of vessels or
property seized in rem;
(ii) Fixing the amount of security pursuant to Rule E(5), Supplemental
Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions,
that must be posted by the claimant of a vessel or property seized in rem;
(iii) In limitation of liability proceedings, for monition and restraining
orders, including approval of the ad interim stipulation filed with the
complaint, establishment of the means of notice to potential claimants
and a deadline for the filing of claims; and
(iv) To restrain further proceedings against the Plaintiff in limitation,
except by means of the filing of a claim in the limitation proceedings;
(Z) Appointing persons to serve process pursuant to Fed. R. Civ. P. 4(c);
and
(AA) Supervising proceedings conducted pursuant to letters rogatory or
request in accordance with 28 U.S.C. § 1781.
(b) Assignment of Duties. The assignment of duties to the Magistrate
Judges by the District Judges of the Court may be made by standing order
entered collectively, or by any individual District Judge in any case assigned to
the District Judge, through written order or oral directive, made or given with
respect to such case or cases. In any case, the assigned District Judge may
designate the Magistrate Judge to perform any or all of the duties authorized by
28 U.S.C. § 636(a) or (b) or by these Local Rules. The Clerk, in an electronic
reference, shall refer all duties authorized by this Rule to the Magistrate
Judges. This reference shall be sufficient notice to the parties that a particular
matter has been referred to the Magistrate Judge for appropriate action.
(c) Objections to Magistrate Judge’s Determination in Criminal Cases
and in Civil Cases in Which the Parties Have Not Consented to
Magistrate Judge Jurisdiction.
(1) In civil and criminal cases in which the parties have not consented to
Magistrate Judge jurisdiction, objections to a determination by the Magistrate
Judge are governed by Fed. R. Civ. P. 72 and Fed. R. Crim. P. 59.
(2) Any other party may serve and file a response to the objection within
fourteen (14) days from the date of service of the objection, unless the Court
sets a different deadline.
(3) Unless the Court orders otherwise, the objecting party may serve and file
a reply within seven (7) days from the date of service of the response.
(d) Record of Proceedings Before Magistrate Judge.
(1) The Magistrate Judge must determine, after taking into account the
complexity of the particular matter, whether the record must be taken down
by a reporter or recorded by suitable sound equipment.
(2) Notwithstanding the Magistrate Judge’s determination:
(A) The proceeding may be taken down by a reporter if any party so
requests;
(B) The proceeding must be recorded by suitable sound equipment if all
parties agree; and
(C) The Magistrate Judge may choose to make no record of the proceeding
if all parties agree.
