(a) A full-time Magistrate Judge is authorized to exercise all powers and perform all
duties permitted by 28 U.S.C. § 636(a), (b), and (c) and any additional duties that are consistent
with the Constitution and laws of the United States. Part-time Magistrate Judges are authorized
to exercise all of those duties, except that only those Magistrate Judges whom the Court
specifically designates are authorized to perform duties allowed under 28 U.S.C. § 636(c) and
any additional duties consistent with the Constitution and laws of the United States.
(b) Appeal of a Magistrate Decision. Any party may file an appeal from a
Magistrate Judge's decision of a non-dispositive matter to the assigned District Judge by filing
with the Clerk and serving upon all parties their appeal from the decision. There is no filing fee.
The party must file and serve its notice of appeal and appellant’s brief within fourteen (14) days
after being served with the Magistrate Judge's order and must specifically designate the order or
part of the order from which the party seeks relief and the basis for the appeal.
Opposition papers are due 14 days after the appellant’s brief is filed and shall also
include a memorandum of law responsive to the appellant’s arguments. Appellant’s reply brief
is due 7 days after the appellee’s brief is filed. Unless the Court directs otherwise, it will decide
all appeals on submission of the papers without oral argument.
(c) Objections to a Magistrate’s Report and Recommendation. Any party may
object to a Magistrate Judge's proposed findings, recommendations, or report issued pursuant to
28 U.S.C. § 636(b)(1)(B) and (C) within fourteen (14) days after being served with a copy of the
Magistrate Judge's recommendation. The party must file with the Clerk and serve upon all parties
written objections which specifically identify the portions of the proposed findings,
recommendations, or report to which it has an objection and the basis for the objection. The party
shall file with the Clerk a transcript of the specific portions of any evidentiary proceedings to
which it has an objection. Objections may not exceed twenty-five (25) pages without the Court's
prior approval. The opposing party may file and serve its response to the objections within
fourteen (14) days after being served with a copy of the objections. The objecting party may not
file a reply. The Court will proceed in accordance with Fed. R. Civ. P. 72(b) or Rule 8(b) of the
Rules Governing Section 2254 Petitions, as applicable.
