BY MAGISTRATE JUDGES
(a) MATTERS REFERABLE TO A MAGISTRATE JUDGE FOR REPORT AND
RECOMMENDATION.
At the request of the district judge to whom the case is assigned, a magistrate judge may
conduct hearings, including evidentiary hearings, and submit to the district judge
proposed findings of fact and recommendations for the disposition of:
(1) Prisoner petitions challenging conditions of confinement.
(2) Motions for injunctive relief (including temporary restraining orders and
preliminary injunctions);
(3) Motions for judgment on the pleadings, for summary judgment, to dismiss or to
permit maintenance of a class action, to dismiss for failure to state a claim upon
which relief can be granted, or otherwise to dismiss an action involuntarily;
(4) Motions to set aside default judgments;
(5) Petitions for judicial review of administrative determinations; and
(6) Petitions for civil commitment arising under Title III of the Narcotic Addict
Rehabilitation Act of 1966, 18 U.S.C. § 4251, et.seq.
(7) Motions for attorney fees.
(b) OBJECTIONS TO RECOMMENDATIONS OF THE MAGISTRATE JUDGE.
Any party may file for consideration by the district judge written objections to the
magistrate judge's proposed findings and recommendations issued under paragraph (a)
within 14 days after being served with a copy thereof. The objections shall be
denominated “Objections to the Magistrate Judge’s Proposed Findings and
Recommendations.” The objections shall specifically identify the portions of the
proposed findings and recommendations to which objection is made and the basis for the
objection. The filing of oppositions and replied shall be governed by LCvR 7(b) and (d).
Failure to file timely objections may waive appellate review of a District Court order
adopting the magistrate judge's report. All magistrate judge's reports shall contain a
notice substantially as follows:
Failure to file timely objections to the findings and recommendations set forth in this
report may waive your right of appeal from an order of the District Court adopting such
findings and recommendations. See Thomas v. Arn, 474 U.S. 140 (1985).
(c) DETERMINATION BY THE COURT.
A district judge shall make a de novo determination of those portions of a magistrate
judge's findings and recommendations to which objection is made as provided in
paragraph (b). A district judge may make a determination based solely on the record
developed before the magistrate judge, or may conduct a new hearing, receive further
evidence, and recall witnesses. A district judge may accept, reject, or modify, in whole
or in part, the findings and recommendations of the magistrate judge, or may recommit
the matter to the magistrate judge with instructions.
COMMENT TO LCvR 72.3: The Rule has been revised to remove any references to
criminal procedure. Moreover, the Rule is intended to make clear that objections to the
magistrate judge’s proposed findings and recommendations should not be called motions
for reconsideration and are to be directed to the district judge.
