A motion for review of a release or detention order as provided in 18 U.S.C. § 3145 (a) and (b)
entered by a magistrate judge in a preliminary criminal proceeding which has not been assigned to a
district judge shall be heard and decided by the district judge who was the presiding judge on the date
the magistrate judge's order was entered. If that judge is not available, the motion will be heard and
decided by a district judge selected by random method. If the judge selected is not available, the motion
will be heard and decided by the district judge who was the presiding judge on the date the motion was
filed.
COMMENT: As an example of a matter covered by LCrR 57.2, an appeal
of a magistrate judge's bond order is properly before the judge who was
presiding judge on the date the bond order was entered if the case has
not been assigned to a district judge.
Pursuant to LR 77.2(c), if the district judge who was the presiding judge
on the date the motion was filed is not available, and no arrangements
have been made for another judge to act as presiding judge, the Clerk’s
Office will contact judges, beginning with the most senior district judge
in active service in Detroit until an available judge is found to act as
presiding judge.
Appeals of a magistrate judge’s bond order arising out of the Flint
location in cases where no district judge is assigned will be heard by the
presiding judge in Flint. See LR 77.2(f).
April 1, 2021
United States District Court
Eastern District of Michigan
