(a) The magistrate judge shall conduct all probation or supervised release revocation
proceedings as to a defendant originally sentenced by the magistrate judge.
(b) In revocation proceedings relating to defendants sentenced by a district judge, initial
appearances and any preliminary hearings shall be conducted by the magistrate judge,
unless otherwise ordered by the assigned district judge; and with the consent of the
defendant and to the extent consistent with applicable law, any evidentiary hearing shall
be conducted by the magistrate judge, unless otherwise ordered by the assigned district
judge. Thereafter, the magistrate judge shall submit to and file with the district court, a
report and recommendation, a copy of which shall be promptly provided to all the parties.
Said submission shall include a listing of all the alleged violations that were found to be
established by a preponderance of the evidence, and all the alleged violations that were
not so established; and may include comments and/or recommendations as to disposition.
Within fourteen (14) days after being served with a copy, any party may serve and file
written objections to such proposed findings and recommendations. The district court
judge shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made. A district judge may
accept, reject, or modify, in whole or in part, the findings or recommendations made by
the magistrate judge. The judge may also receive further evidence or resubmit the matter
to the magistrate judge with instructions.
