FILED
2023 FEB 16
CLERK
U.S. DISTRICT COURT
THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
IN THE MATTERS OF ASSIGNMENT
OF PRISONER CASES AND
GENERAL ORDER
REFERRAL OF CASES WHICH DO
NOT CONSENT TO MAGISTRATE 23-003
JUDGE JURISDICTION
The recently enacted DUCivR 72-4 made many clarifications of the ability of
magistrate judges to preside in civil cases. These changes have generally been very
beneficial.
Pro Se Prisoner Cases: In small part, section (b)(1)(A) of the new rule
superseded the provision of General Order 20-034 that pro se prisoner cases “should
not be directly assigned to magistrate judges.” Experience over the last few months
(since enactment of the rule) has shown that reversion to previous practice is needed.
The specialized work of the court staff that handle prisoner litigation and workflow of
those cases have been impacted in unanticipated ways. The court will return to the
practice of not assigning cases filed by unrepresented prisoners to magistrate judges.
Automatic Referral by District Judges: Under DUCivR72-4(d)(2)(A), any civil
case assigned to a magistrate judge off the wheel which does not obtain consent to the
magistrate judge is reassigned to a district judge and automatically referred to the same
magistrate judge. This was also the practice for non-prisoner pro se cases under
General Order 20-034. However, district judges may wish to opt out of the automatic
referral.
1
The Chief Judge is responsible under DUCivR 83-1 “for the supervision of the
assignment of civil cases to the judges of the court.” This order is issued under that
authority.
IT IS HEREBY ORDERED that:
1. Effective immediately, the Clerk of Court will:
a. no longer assign cases filed by unrepresented prisoners to magistrate
judges under DUCivR 72-4(b)(1)(A);
b. no longer refer cases filed by unrepresented prisoners to magistrate
judges under DUCivR 72-4(d)(2)(A);
c. reassign to randomly selected district judges any cases filed by
unrepresented prisoners that are currently assigned to a magistrate
judge pending consent; and
d. vacate references of cases filed by unrepresented prisoners to
magistrate judges which have been made under DUCivR 72-
4(d)(2)(A).
2. A district judge may direct the clerk’s office to not enter automatic referrals
under DUCivR 72-4(d)(2)(A) in all or some cases.
3. The court directs the Advisory Committee on the Local Rules of Practice
to amend DUCivR 72-4 to be consistent with this General Order when the local rules
are next amended.
SO ORDERED this 16th day of February, 2022.
BY THE COURT:
_____________________________________
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
2
