OTHER POWERS GRANTED BY STATUTE
(1) Prisoner Petitions. Except in cases in which the death penalty has
been imposed, the magistrate judges may, unless otherwise directed, review civil
petitions filed by prisoners. Information regarding these civil petitions is set forth
in LR 72.1(C).
(2) Pretrial Matters on Reference from Judge.
(a) The magistrate judges are authorized, under 28 U.S.C. '
636(b)(1)(B), to conduct hearings, including evidentiary hearings, on
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dispositive pretrial motions filed by defendants, such as motions to dismiss
or quash an indictment or information and to suppress evidence. At the
conclusion of the hearings, the magistrate judge shall submit proposed
findings of fact and recommendations for disposition of the motion to the
judge to whom the case is assigned. Any objections to the magistrate judge's
proposed findings and recommendations shall be processed in accordance
with the provisions of 28 U.S.C. ' 636(b)(1).
(b) The magistrate judges are also authorized, under 28 U.S.C. '
636(b)(1)(A), to hear and determine pretrial matters pending before the
Court which are not dispositive of the case. When appropriate, the
magistrate judge shall enter into the record a written order setting forth the
magistrate judge's disposition of the matter. Objections to the magistrate
judge's order must be served and filed as set forth in LCrR 59(3). Upon
consideration of the objections, the judge to whom the case is assigned shall
modify or set aside any portion of the magistrate judge's order found to be
clearly erroneous or contrary to law.
If the order to which a party objects is oral, the parties must also file,
within fourteen (14) days after the objections are served and filed, a joint
statement showing how the issues presented by the objection arose and were
decided by the magistrate judge. Only those facts essential to a decision of
the issues presented in the objection should be set forth.
(3) Briefing Practice for Objections and Responses. Absent prior
permission of the Court, objections and any responses thereto are limited in length
to twenty-five (25) pages. Objections must be filed within fourteen (14) days from
the date the magistrate judge’s report and recommendation or order is served, and
responses may be filed within fourteen (14) days from the date the objections are
served. Objections and responses thereto must meet the form and formatting
requirements of LR 5.1. Reply briefs may not be filed unless the moving party
requests, and the presiding judge grants, leave to do so. If leave is granted, the
reply brief must be filed no later than the deadline set by the presiding judge, and,
unless the Court orders otherwise, be limited in length to fifteen (15) pages and
meet the form and formatting requirements of LR 5.1
(4) Other Powers Granted by Statute. The magistrate judges are also
authorized to exercise all powers and perform all duties conferred or imposed by
28 U.S.C. ' 636.
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