MAGISTRATE JUDGES' AUTHORITY
IN EXCEPTED PRETRIAL MATTERS
(a) Determination. In accordance with 28 U.S.C. § 636(b)(1)(B) and (C), the
Magistrate Judges shall hear, conduct such evidentiary hearings as are appropriate in,
and submit to the assigned Judge proposed findings of fact and recommendations for the
disposition of excepted pretrial motions referred in accordance with L.R. 302. The
Magistrate Judge shall file the proposed findings and recommendations and shall serve
all parties.
(b) Objections. Within fourteen (14) days after service of the proposed
findings and recommendations on the parties, unless a different time is prescribed by the
Court, any party may file, and serve on all parties, objections to such proposed findings
and/or recommendations to which objection is made and the basis for the objection.
(c) Transcripts. If objection is made to a proposed finding or recommendation
based upon a ruling made during the course of any evidentiary hearing, which ruling has
not otherwise been reduced to writing, the party making such objection shall so indicate
at the time of filing objections and shall forthwith cause a transcript of all relevant portions
of the record to be prepared and filed.
(d) Response. Responses to objections shall be filed, and served on all
parties, within fourteen (14) days after service of the objections.
(e) Notice and Argument. The timing requirements of L.R. 230 have no
application to objections to proposed findings and recommendations under this Rule. No
separate notice is required. The objections shall be referred to the assigned Judge
automatically by the Clerk, promptly following the date for filing opposition, without the
necessity of a specific motion for such reference by the parties. Unless otherwise
ordered, requests in criminal actions shall be calendared by the courtroom deputy clerk
upon request of any party filed with that party's objections or opposition thereto or upon
the direction of the assigned Judge.
(f) Review. See Fed. R. Civ. P. 72(b).
