(a) Immediately upon the filing of a civil action or proceeding, the Clerk shall assign
the action or proceeding to a District Judge and may also assign the action or proceeding to a
Magistrate Judge pursuant to the Court’s Assignment Plan. When a civil action or proceeding is
assigned to a Magistrate Judge, the Magistrate Judge shall conduct proceedings in accordance
with these Rules and 28 U.S.C. § 636 as directed by the District Judge. See L.R. 3.1.
(b) All civil cases in which the parties have executed and filed consent forms
pursuant to 28 U.S.C. § 636(c) and L.R. 72.2(b) shall be transmitted to the assigned District
Judge for approval and referral of the case to a Magistrate Judge, who shall then have the
authority to conduct all proceedings and to direct the Clerk to enter final judgment. See L.R.
72.2(b)(3).
(c) Prisoner Cases. Unless the Court orders otherwise, any proceeding that an
unrepresented prisoner commences, and any proceeding commenced under 28 U.S.C. §§ 2241
and 2254, may, unless the Court orders otherwise, be referred to a Magistrate Judge for the
purpose of reviewing applications, petitions and motions in accordance with these Rules and 28
U.S.C. §636.
(d) Pro Se Non-Prisoner Cases. Unless the Court orders otherwise, any civil action
that a non-prisoner pro se litigant commences shall be referred to a Magistrate Judge for the
purpose of review under 28 U.S.C. §1915(e)(2) and 28 U.S.C. §1915A when an application to
proceed in forma pauperis is filed.
(e) Social Security Appeal Cases. (Amended January 1, 2020). Upon the filing of
the complaint, the Clerk shall randomly assign social security appeal cases in rotation directly to
a Magistrate Judge pursuant to General Order 18. The Clerk shall promptly notify plaintiff's
counsel or pro se plaintiff of plaintiff's right to consent to Magistrate Judge jurisdiction pursuant
to 28 U.S.C. § 636(c). Plaintiff has 21 days from receipt of the clerk's notice to file a consent or
declination to consent to the jurisdiction of the Magistrate Judge. If plaintiff timely consents,
and if the United States does not timely withdraw consent, the case shall be deemed assigned to
the Magistrate Judge without the necessity of an order of referral. In the event that the plaintiff
does not timely consent, or if the United States timely withdraws its consent, the Clerk shall
reassign the case to a U.S. District Judge consistent with General Order #12. Such reassigned
cases shall be referred to the same Magistrate Judge to whom the case was originally assigned
for all pretrial, non-dispositive matters and for issuance of a report and recommendation.
(f) Federal Debt Collection Act Cases. (modified January 1, 2021)
1. The Clerk shall assign a District Judge and a Magistrate Judge in
accordance with General Order #12.
2. Any action brought pursuant to the Federal Debt Collection Act, 28 U.S.C.
§ 3001 et seq., shall be handled on an expedited basis and brought before a
Magistrate Judge, or to a District Judge if no Magistrate Judge is available,
for an initial determination.
3. If a party requests a hearing, the Clerk shall make a good faith effort to
schedule the hearing as soon as practicable, or if requested by the debtor,
within five (5) days of the receipt of the request, or “as soon after that as
possible” pursuant to 28 U.S.C. § 3101(d)(1).
4. If appropriate, the Court shall issue an order directing the Clerk to issue
the writ being sought, except that an application under 28 U.S.C. § 3203
for a writ of execution in a post-judgment proceeding shall not require an
order of the Court.
5. The assigned Magistrate Judge shall conduct any hearing that may be
requested, decide all non-dispositive issues, including a decision on a
request for a Final Order of Garnishment, and issue a report-
recommendation on any and all dispositive issues.
6. The parties shall file any written objections to the report-recommendation
within fourteen (14) days of the filing of same. Without oral argument,
the assigned District Judge shall review the report-recommendation along
with any objections that the parties have filed.
