UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
In re: Administrative Orders of the Chief Judge Case No. 3:21-mc-1-TJC
SECOND AMENDED ORDER
RE: UTILIZATION OF MAGISTRATE JUDGES
Rule 1.02(a) of the Local Rules of the United States District Court for the
Middle District of Florida, authorizes a United States magistrate judge in
the Middle District to “exercise the maximum authority and perform any duty
permitted by the Constitution and other laws of the United States.” Rule
1.02(b) of the local rules states: “The chief judge must issue and publicize with
the local rules an administrative order that delineates the authority and
describes the duties of a United States magistrate judge. The chief judge can
amend the administrative order as needed.” This amended order replaces the
Order entered May 9, 2024. Doc. 127.
AUTHORITY OF UNITED STATES MAGISTRATE JUDGES
(a) General Authority. A magistrate judge may exercise the
authority and perform the duties permitted by the Constitution, the statutes,
and the rules of the United States and specified in 28 U.S.C. § 636.
(b) Referral. A district judge or the presiding district judges in any
division may assign to a magistrate judge any additional duty consistent with
governing law and the terms of this order.
(c) Petit Jury and Ceremonial Proceedings. A magistrate judge
may conduct the following proceedings and enter an order concerning:
(1) A proceeding relating to petit juror qualification, excusal,
and failure to appear in response to a summons for jury
service.
(2) With the parties’ consent, voir dire examination and
empanelment of a petit jury.
(3) A naturalization ceremony.
(4) An attorney admission ceremony.
(d) Criminal Proceedings. In criminal proceedings, a magistrate
judge may conduct proceedings and enter an order concerning:
(1) A warrant. Fed. R. Crim. P. 41.
(2) A pen register or a trap and trace device. 18 U.S.C. §§ 3122–
3125.
(3) A warrant or order under the Stored Communications Act.
18 U.S.C. §§ 2703, 2705.
(4) A complaint and a related arrest warrant or summons. Fed.
R. Crim. P. 4.
(5) A mutual legal assistance treaty request. 18 U.S.C. § 3512;
28 U.S.C. § 1782.
(6) Use of an undercover agent or informant under 42 C.F.R.
§ 2.67(d).
(7) Any pretrial proceeding, except a magistrate judge may not
grant a motion by a defendant to dismiss or to quash an
indictment or information, or to suppress evidence, but may
file a report and recommendation.
(8) A status conference and a motion to postpone or to continue
the trial.
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(9) An initial appearance and related proceedings. Fed. R.
Crim. P. 5.
(10) A detention or bail hearing. 18 U.S.C. §§ 3141–3143, 3146,
3148.
(11) A defendant’s representation by counsel. 18 U.S.C. § 3006A;
Fed. R. Crim. P. 44.
(12) A duty assigned to a magistrate judge under the court's
Criminal Justice Act Plan. 18 U.S.C. § 3006A.
(13) A preliminary hearing. Fed. R. Crim. P. 5.1; 18 U.S.C. §
3060.
(14) A removal hearing. Fed. R. Crim. P. 40.
(15) A writ of habeas corpus ad testificandum or a writ of habeas
corpus ad prosequendum. 28 U.S.C. § 2241(c)(5).
(16) A subpoena necessary to obtain the presence of a witness at
trial or another proceeding.
(17) A detention hearing related to a material witness. 18 U.S.C.
§§ 3144, 3149.
(18) A complaint regarding extradition and a related warrant.
18 U.S.C. § 3184.
(19) An indigent prisoner or person imprisoned for debt under
process or execution issued by a federal court. 28 U.S.C. §
2007.
(20) An arraignment and entering a plea of not guilty. Fed. R.
Crim. P. 10, 11(a), and 32(c).
(21) A defendant’s waiver of appearance for an arraignment.
Fed. R. Crim. P. 10(b).
(22) With the defendant’s consent, a guilty plea hearing, except
that a magistrate judge must enter a report and
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recommendation regarding acceptance of the plea. Fed. R.
Crim. P. 10, 11.
(23) A presentence investigation report for a defendant who
pleads guilty or indicates an intention to plead guilty. Fed.
R. Crim. P. 32(c).
(24) A grand jury, including empanelment, return of an
indictment and issuance of related process, and a motion
arising from grand jury proceedings.
(25) A waiver of indictment. Fed. R. Crim. P. 7(b).
(26) The United States’ motion to dismiss an indictment,
information, or complaint, or any separate count of an
indictment, information, or complaint. Fed. R. Crim. P.
48(a).
(27) A psychiatric or psychological report to determine
competency under 18 U.S.C. § 4241 and a competency
hearing, except that a magistrate judge must file a report
and recommendation concerning a defendant’s competency
if the parties dispute the defendant’s competency.
(28) Revocation, modification, exoneration, or forfeiture of bond.
(29) An initial appearance, a detention or bail hearing, and a
preliminary hearing related to revocation of probation or
supervised release. Fed. R. Crim. P. 32.1.
(30) The United States’ motion to dismiss a petition to revoke
supervised release or any separate violation within a
petition.
(e) Civil Proceedings. Upon unanimous consent of the parties, a
magistrate judge may conduct any or all proceedings in a civil case and order
the entry of judgment in the case. Upon the filing of a civil case, the Clerk
must notify the parties in writing that they may consent to the jurisdiction of
a magistrate judge and must provide the parties with a written consent form
authorized by the court. In civil proceedings where the parties do not
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unanimously consent, a magistrate judge may conduct proceedings and enter
an order concerning:
(1) Pretrial proceedings and motions. Absent a stipulation by
all affected parties, however, a magistrate judge may not
appoint a receiver, enter an injunctive order, enter an
order dismissing or permitting maintenance of a class
action or collective action, grant in whole or in part a
motion for judgment on the pleadings or for summary
judgment, enter an order of involuntary dismissal, or enter
any other final order or judgment that would be appealable
if entered by a district judge, but a magistrate judge may
file a report and recommendation concerning these
matters. Consistent with the policy of the Judicial
Conference Committee on the Administration of the
Magistrate Judges System, absent extraordinary
circumstances, magistrate judges will not be referred (even
for a report and recommendation) motions for temporary
restraining order, motions for preliminary injunction, and
Hague Convention cases.
(2) Court-annexed mediation, including designating a mediator
and determining a mediator’s compensation rate.
(3) A writ of replevin, garnishment, attachment, or execution
and any proceeding in aid of execution under Fed. R. Civ. P.
69.
(4) An attachment or request to enforce compliance with an
Internal Revenue Service summons to produce records or to
give testimony. 26 U.S.C. § 7604(a)–(b).
(5) An action instituted under any law of the United States
providing for judicial review of a final decision of an
administrative officer or agency based upon the record of an
administrative proceeding, except that a magistrate judge
must file a report and recommendation concerning
disposition of the action.
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(6) A magistrate judge’s receipt of testimony and evidence as a
master or special master, except that a magistrate judge
must file a report and recommendation concerning:
(i) the assessment of damages in an admiralty case;
(ii) a non-jury proceeding under Fed. R. Civ. P. 55(b)(2);
or
(iii) any other case on special reference under Fed. R. Civ.
P. 53.
(7) In an admiralty case:
(i) appointing a substitute custodian of a vessel or
property seized in rem;
(ii) fixing the amount of security a claimant of a vessel
or property seized in rem must post under Rule E(5),
Supplemental Rules for Certain Admiralty and
Maritime Claims;
(iii) in limitation of liability proceedings, a monition, a
restraining order, an ad interim stipulation filed with
the complaint, the means of notice to potential
claimants, and a deadline for filing claims; and
(iv) restraining further proceedings against the plaintiff
in limitation except by filing a claim in the limitation
proceeding.
(8) Appointment of a process server under Fed. R. Civ. P. 4(c).
For in rem process, however, an appointment must be made
only when the United States marshal has no deputy
marshal immediately available and the United States
marshal has approved the individual to serve process.
(9) A civil fine and penalty under the Federal Boat Safety Act.
46 U.S.C. § 4311(d).
(10) A habeas corpus petition filed under 28 U.S.C. §§ 2241, 2254,
or 2255, including an evidentiary hearing, except that a
magistrate judge must file a report and recommendation
concerning disposition of the petition.
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(11) An action filed by a state prisoner under 42 U.S.C. § 1983,
including an evidentiary hearing, except that a magistrate
judge must file a report and recommendation concerning
disposition of the claim.
REVIEW OF A MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
(a) Definition. The term “report and recommendation” in this order
has the same meaning as the terms “proposed findings of fact and
recommendations,” “recommended disposition,” “findings and
recommendations,” “proposed findings and recommendations,” or similar
language in 28 U.S.C. § 636(b), 18 U.S.C. § 3401, Fed. R. Civ. P. 72, and Fed.
R. Crim. P. 59.
(b) Objection. Within fourteen days after service of a report and
recommendation, any party may file and serve a written objection.
(c) Response. Within fourteen days after service of any written
objection, any party opposing the objection may file and serve a written
response.
(d) Disposition. The district judge may:
(1) accept, reject, or modify the report and recommendation in
whole or in part;
(2) receive further evidence; or
(3) recommit the matter to the magistrate judge with
instructions.
MISDEMEANORS AND PETTY OFFENSES
(a) Misdemeanor. With the parties’ consent, a magistrate judge
may try a person charged with, and sentence a person convicted of, a Class A
misdemeanor or other misdemeanor that is not a petty offense.
(b) Petty Offense. A magistrate judge may try a person accused of,
and sentence a person convicted of, a petty offense.
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(c) Transferred Misdemeanor. With the defendant’s consent, a
misdemeanor case transferred to the district may be assigned to a magistrate
judge for plea and sentence.
(d) Forfeiture of Collateral. The offenses for which collateral may
be posted and forfeited in lieu of appearance, together with the amount of
collateral to be posted, are specified in standing orders and published on the
court’s public website. In lieu of appearing, a person charged with a petty
offense specified in a standing order may post collateral in the amount
indicated for the offense, waive appearance before a magistrate judge, and
consent to forfeiture of the collateral. For a petty offense not specified in a
standing order, the person charged must appear before a magistrate judge.
Nothing in this rule prohibits a law enforcement officer from arresting a
person for committing a petty offense.
The Clerk must ensure the publication of this order to the Middle
District’s bar and maintain this order on the Middle District’s public website.
DONE AND ORDERED in Jacksonville, Florida this 30th day of October,
2024.
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