UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
DOCKET NO. 5:21-MC-00001
IN RE: HONORABLE KENNETH D. BELL, PRESIDING JUDGE
REFERRALS AND DESIGNATION OF DUTIES TO
MAGISTRATE JUDGES IN THE WESTERN DISTRICT OF
NORTH CAROLINA.
THIS MATTER is before the Court on its own motion regarding the referral of
motions and the designation to perform certain duties to United States Magistrate Judges
serving in the Western District of North Carolina, either by commission or designation, in
accordance with 28 U.S.C § 636.
I. CRIMINAL CASES
REGARDING CRIMINAL CASES, IT IS ORDERED THAT pursuant to 28
U.S.C § 636 (a) and (b), and Local Criminal Rule 59.1, Magistrate Judges shall be referred
and are hereby designated to perform the following duties:
(1) To accept guilty pleas or conduct trials on misdemeanor and petty offenses
for which the maximum term of imprisonment is one year or less, if the defendant has
consented to proceed before a Magistrate Judge and if such consent is necessary under 28
U.S.C. § 636 or 18 U.S.C. § 3401.
(2) To accept tendered guilty pleas on felony offenses subject to acceptance by
the District Judge. On a case-by-case basis, and for the convenience of the parties, the
undersigned may accept guilty pleas at other times, including regularly scheduled terms
of court.
The Magistrate Judge may make the 18, United States Code, Section
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3143, determination of release or detention after acceptance of the plea, including whether
exceptional circumstances exist under Section 3145(c). The Magistrate Judge may further
review that determination up to the day of sentencing upon the filing of any motion for
reconsideration.
Any appeal or motion to review a Magistrate Judge’s bond determination or
conditions shall be directed to the District Judge. However, a Magistrate Judge may also
review his or her own bond determination at any time either sua sponte or upon motion for
reconsideration by either party.
(3) To conduct hearings pursuant to 18 U.S.C. § 3142, and 28 U.S.C. § 636(a)(2);
provided that upon notice that a party intends to file a motion for revocation of a release
order or amendment of the conditions of release, pursuant to 18 U.S.C. § 3145, any release
order shall be stayed pending disposition by the District Judge.
(4) To enter a final order on any other non-dispositive criminal pretrial
motions, subject only to review by the District Judge for clear error (if properly
appealed);
(5) To make findings of fact, conclusions of law, and to recommend disposition
of any dispositive criminal motion, excluding motions to suppress evidence, through
submission of a Memorandum and Recommendation to the District Judge. All motions to
suppress shall be directed to the District Judge; and
(6) To perform all other duties as authorized in Local Criminal Rule 59.1 that
are not contrary to the specific duties as set forth within this order.
IT IS FURTHER ORDERED THAT:
(1) Beginning two (2) weeks prior to calendar call for any trial term (or
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peremptory setting), all trial-related motions such as motions in limine, motions for
issuance of subpoenas pursuant to Rule 17(b), Federal Rules of Criminal Procedure, etc.,
shall be directed to the District Judge for disposition;
(2) With the exception of the Magistrate Judge’s authority to grant a first
presumptive continuance following arraignment, motions to continue cases from the trial
calendar shall be directed to the District Judge.
II. CIVIL AND MISCELLANEOUS CASES
REGARDING CIVIL AND MISCELLANEOUS CASES, IT IS ORDERED
THAT pursuant to 28 U.S.C § 636(b) and Local Civil Rule 72.1, in civil and
miscellaneous cases, Magistrate Judges shall be specifically referred and are hereby
designated to perform the following duties:
(1) To preside over pretrial conferences and issue pretrial Scheduling Orders
(and amendments to those orders) based on such conferences or the Certificate of Initial
Attorneys Conference and proposed discovery plan filed by the parties pursuant to Local
Civil Rule 16.1(b). Except as otherwise provided in this Order, it is the Court’s intent that
the Magistrate Judge will direct and manage pretrial activity and enforce the Scheduling
Order and applicable rules to the full extent set forth in Local Civil Rule 16.1;
(2) To hear and determine civil pretrial motions pertaining to discovery (see
generally Rules 26-37 and 45 of the Federal Rules of Civil Procedure), including but not
limited to, any motion for sanctions under Rule 37(b), motions to compel, motions for
protective orders and motions to quash, all subject to review by the District Judge for
clear error (if properly appealed).
(3) To hear and determine certain other non-dispositive civil motions,
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including motions for pro hac vice or special admission of counsel, motions for
withdrawal of counsel, motions to transfer to another division or district; Rule 4 motions
to enlarge time for service; Rule 6 motions for extension of time and to reopen time; Rule
12 motions to strike less than a claim; Rule 14 motions to sever or try separately; Rule 15
motions to amend and supplement; motions to stay litigation (except motions to stay
related to arbitration); motions pursuant to Rules 18, 19, and 20 concerning joinder of
claims and parties (not including Rule 19 motions to dismiss based on the failure to join a
party); Rule 21 motions concerning misjoinder; Rule 17 and 25 motions concerning
substitution of a real party in interest; requests for international judicial assistance under
28 U.S.C. § 1782(a) and all non-dispositive motions in Social Security cases. Where a
non-dispositive motion is pled in the alternative to a dispositive motion, the motion shall
not be automatically referred.
(4) To make findings of fact, conclusions of law, and to recommend disposition
of any motions filed for sanctions (except as ordered above); motions to remand; motions
to compel arbitration (and related motions to stay); Rule 12(b) motions (including
motions to dismiss for lack of jurisdiction over the subject matter or over the person,
improper venue, insufficiency of process or service of process and failure to state a claim
upon which relief can be granted); Rule 12(c) motions (for judgment on the pleadings)
and motions under Rule 19 for dismissal based on the failure to join a party.
(5) To make findings of fact, conclusions of law, and to recommend disposition
of any dispositive motion filed in a referred Social Security Appeal.
(6) Dispositive motions other than those listed in this Order shall not be
automatically referred to a Magistrate Judge. However, other dispositive motions may be
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referred to a Magistrate Judge for entry of a Memorandum and Recommendation on a
case-by-case basis. A Magistrate Judge is authorized to remove the referral of any non-
listed motion the Magistrate Judge determines is or has become dispositive by notifying a
Deputy Clerk and the undersigned.
(7) To hear bankruptcy appeals and make recommendations, if referred by the
District Judge on a case-by-case basis;
(8) To enter orders involving post-judgment execution proceedings; and
(9) To perform all other duties as authorized in Local Civil Rule 72.1 which are
not contrary to the specific duties as set forth within this Order.
III. GENERAL PROVISIONS
IT IS FURTHER ORDERED:
(1) That in all cases the undersigned retains the option, in consultation with the
referral Magistrate Judge, to refer or un-refer any motion or matter to the Magistrate Judge
for purposes of conducting a hearing and/or for entry or an appropriate order or
Memorandum and Recommendation on a case-by-case basis. The referral of a specific
motion or matter not contemplated by this Order or in a manner not consistent with this
Order will be communicated to the Clerk of Court and the parties by a separate Order of
Reference, therein authorizing the Magistrate Judge to take appropriate action;
(2) In cases where the parties have stipulated to the jurisdiction of the
Magistrate Judge to hear the entire case, then the Magistrate Judge shall be referred the
entire matter pursuant to 28 U.S.C. §636 and any appeal therefrom shall be to the Circuit
Court, and the undersigned shall have no further involvement therein; and
(3) Motions referred or cases assigned prior to the effective date of this Order
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may proceed under the previous Order of Reference under which they were previously
referred or assigned.
Signed: October 14, 2021
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