(a) Appeal of Non-Dispositive Matters – 28 U.S.C. § 636(b)(1)(A).
(1) Any aggrieved party or nonparty may appeal from a magistrate
judge’s order determining a motion or matter under Local Civil Rule
72.3(b) within 14 days after service of the magistrate judge’s order,
unless a different time is prescribed by the magistrate judge or a
judge. The appealing person shall file with the clerk, and serve on
the magistrate judge and all parties, a written statement of appeal that
shall specifically designate the order, or part thereof, appealed from
and the basis for any objection thereto. Any opposing party or
nonparty may respond to another person’s statement of appeal within
14 days after being served with a copy thereof, unless otherwise
ordered by the court.
(2) The statement of appeal must comply with the length limits in Local
Civil Rules 7.2(f)(2)(B) and 7.2(f)(3)(B). Any response to a
statement of appeal must comply with the same length limits.
(3) Replies are not permitted without leave of court.
(4) A judge shall consider the appeal and shall set aside any portion of
the magistrate judge’s order found to be clearly erroneous or contrary
to law. The judge may also reconsider sua sponte any matters
determined by a magistrate judge under this local rule.
(b) Review of Case-Dispositive Motions and Prisoner Litigation – 28
U.S.C. § 636(b)(1)(B).
(1) Any party may object to a magistrate judge’s proposed findings,
recommendations, or report under 28 U.S.C. § 636(b)(1)(B) within
14 days after being served with a copy thereof. Such party shall file
with the clerk, and serve all parties, written objections that shall
specifically identify the portions of the proposed findings,
recommendations, or report to which objection is made and the basis
for such objection. Any party may respond to another party’s
objections within 14 days after being served with a copy thereof,
unless otherwise ordered by the court.
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(2) Objections must comply with the length limits in Local Civil Rules
7.2(f)(2)(B) and 7.2(f)(3)(B). Any response to objections must
comply with the same length limits.
(3) Replies to responses are not permitted without leave of court.
(4) A 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 judge, however, needs to conduct a new hearing only in his or
her discretion or where required by law and may consider the record
developed before the magistrate judge, making his or her own
determination on the basis of that record. The 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 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 this circuit in the same manner as an appeal from any other judgment of
this court.
(e) Appeals from Other Orders of a Magistrate Judge.
Appeals from any other decisions and orders of a magistrate judge not
provided for in this rule should be taken as provided by governing statute,
rule, or decisional law.
[Rule 73.1] [Consent of Parties to Civil Trial Jurisdiction of Magistrate Judges]
(Vacated eff. December 1, 2015)
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