(See 28 U.S.C. § 636; Fed. R. Civ. P. 72, 73; 8 U.S.C. § 3145, et. seq., Fed. R. Cr.
P. 58(g)(2)(B))
(a) Appeal of Non-Dispositive Matters - 28 U.S.C. § 636(b)(1)(A)
Any party may appeal a Magistrate Judge’s order issued pursuant to
28 U.S.C. § 636(b)(1)(A), determining a motion or matter within 14 days
after issuance of the Magistrate Judge’s order, unless a different time is
prescribed by the Magistrate Judge or a District Judge. The party shall file
with the Clerk of Court and serve on all parties a written request for an
appeal, which shall specifically designate the order or part of the order that
the parties wish the Court to reconsider. A District Judge shall reconsider
the matter and shall set aside any portion of the Magistrate Judge’s order
found to be clearly erroneous or contrary to law. A District Judge may also
reconsider sua sponte any matter determined by a Magistrate Judge under
this Rule.
(b) Review of Dispositive Motions and Prisoner Litigation - 28 U.S.C.
§ 636(b)(1)(B)
Any party may object to a Magistrate Judge’s proposed dispositive
findings, recommendations, or reports issued pursuant to 28 U.S.C.
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§ 636(b)(1)(B), within 14 days after being served with a copy. The objecting
party shall file with the Clerk of Court, and serve on all parties, written
objections which shall specifically identify the portions of the proposed
findings, recommendations, or reports to which objection is made and the
basis for the objections. Any party may respond to another party’s
objections within 14 days after being served with a copy. Requests for
extension of these deadlines are not favored.
A District Judge shall make a de novo determination of those portions of the
report or specified proposed findings or recommendations to which
objection is made and may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the Magistrate Judge. The District
Judge may conduct a new hearing, may consider the record developed
before the Magistrate Judge, and may make a determination on the basis of
that record. The District Judge may also receive further evidence, recall
witnesses, or recommit the matter to the Magistrate Judge with instructions.
(c) Special Master Reports - 28 U.S.C. § 636(b)(2)
Any party may seek review of, or action on, a special master report filed by
a Magistrate Judge in accordance with the provisions of Fed. R. Civ. P. 53(e).
(d) Appeal from Orders or Judgments in Petty Offenses and Other
Misdemeanor Cases – 18 U.S.C. § 3402; Fed. R. Crim. P. 58(g)(2)
A defendant may appeal an order or judgment of conviction by a
Magistrate Judge in a petty offense or other misdemeanor case by filing a
notice of appeal with the District Court within 14 days after entry of the
order or judgment, and by serving a copy of the notice upon the United
States Attorney. The scope of the appeal shall be the same as on an appeal
from a judgment of the District Court to the Court of Appeals.
(e) Appeal from Judgments in Civil Cases Disposed of on Consent of the
Parties - 28 U.S.C. § 636(c)
Upon the entry of judgment in any civil case disposed of by a Magistrate
Judge on consent of the parties under authority of 28 U.S.C. § 636(c), an
aggrieved party may appeal directly to the United States Court of Appeals
for the Seventh Circuit in the same manner as an appeal from any other
judgment of this Court.
(f) Review of Magistrate Judge’s Order of Release or Detention - 18 U.S.C.
§ 3145(a) and (b)
Page 34 of 65
Any party may seek review of a Magistrate Judge’s order of release or
detention in a criminal case in accordance with 18 U.S.C. § 3145(a) and (b).
The party seeking review shall file a motion promptly and in accordance
with the time limits designated by the Magistrate Judge.
