(a) Appeal of Non-Dispositive Matters - Fed. R. Civ. P. 72(a). Any party may
appeal from a Magistrate Judge's order determining a motion or matter made pursuant to
Fed. R. Civ. P. 72(a) within fourteen (14) days after service of the Magistrate Judge's
order. Such party shall file with the Clerk of Court, and serve on the Magistrate Judge
and all parties, a written statement of appeal which shall specifically designate the order,
or part thereof, appealed from and the basis for any objection thereto. The District Judge
to whom the case was assigned 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
District Judge may also consider sua sponte any matter determined by a Magistrate Judge
under this Rule.
(b) Review of Dispositive Motions and Prisoner Litigation - Fed. R. Civ. P.
72(b). Any party may object to a Magistrate Judge's proposed findings,
recommendations or report made pursuant to Fed. R. Civ. P. 72(b) within fourteen (14)
days after being served with a copy thereof, and failure to file timely objections within
the fourteen (14) day period shall constitute a waiver of subsequent review, absent a
showing of good cause for such failure. Such party shall file with the Clerk of Court, and
serve on the Magistrate Judge and all parties, written objections which shall specifically
identify the portions of the proposed findings, recommendations, or report to which
objection is made and the basis for such objections. Any party may respond to another
party's objections within fourteen (14) days after being served with a copy thereof. The
District Judge to whom the case was assigned 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 District Judge need conduct a new
hearing only in such District Judge's discretion or where required by law, and may
consider the record developed before the Magistrate Judge, making a determination on
the basis of the record. The District Judge may also receive further evidence, recall
witnesses or recommit the matter to the Magistrate Judge with instructions.
(See LCrR 5.3) Last revised 12/1/09. See Historical Notes for full revision history.
