Magistrate Judge Utilization Plan
U.S. District Court
Western District of Virginia
June 25, 2025
It is the policy of the court to promote the efficient utilization of magistrate
judges, to provide an equitable system for a proportionate division of the caseload
among magistrate judges, and to avoid unnecessary duplication of judicial action.
Therefore, the court adopts the following Magistrate Judge Utilization Plan:
1. The following matters shall be assigned to a magistrate judge:
a. All appeals from the final decision of the Commissioner of
Social Security pursuant to 42 U.S.C. § 405(g), (“Social
Security appeals”), on a rotational basis without regard to
division of filing. In all Social Security appeals the Clerk shall
provide all parties with a copy of a form indicating that upon
written consent of the parties the magistrate judges of this
district have been designated to conduct any and all
proceedings in a civil case, including the entry of final
judgment. Prior to the magistrate judge taking any dispositive
action in the case, the Clerk shall obtain from the parties’
written consent to the jurisdiction of the magistrate judge
pursuant to Fed. R. Civ. P. 73 and 18 U.S.C. § 636(c). If a party
declines to consent to jurisdiction before a magistrate judge, the
Clerk shall reassign the case to a district judge according to the
court’s current Standing Order on case assignments. The
assigned magistrate judge shall remain the referral judge on any
case reassigned to a district judge for the completion of a
Report and Recommendation pursuant to Fed. R. Civ. P.
72(b)(1);
b. Petty offenses;
c. Any misdemeanor criminal case in which the defendant has
consented either in writing or on the record to be tried before a
magistrate judge and specifically waives the right to trial before
a district judge pursuant to Fed. R. Crim. P. 58(b)(3);
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d. Civil cases, other than capital habeas cases, in which the parties
have consented to final disposition of the matter by a magistrate
judge pursuant to Fed. R. Civ. P. 73;
e. Criminal Complaints;
f. Applications for Search and Seizure Warrants;
g. Applications for pen registers, traps and traces and electronic
tracking devices; and
h. Motions for records concerning electronic communication
services or remote computing services pursuant to 18 U.S.C
§ 2703(c).
2. Except as specifically listed in Section 3 below, the following matters
shall be referred to a magistrate judge:
a. All civil cases, other than Social Security appeals, for pretrial
proceedings and ruling on nondispositive and discovery
motions, except motions in limine;
b. All felony criminal cases for initial appearance, arraignment,
appointment of counsel, bond and detention hearing and all
scheduling and status conferences as necessary and to hear and
determine all pretrial procedural and discovery motions; and
c. All probation and supervised release revocation proceedings for
appointment of counsel, initial appearance, probable cause and
bond and detention hearings.
3. The following matters shall not be referred to a magistrate judge:
a. Civil pretrial matters that are dispositive of a claim or defense
and require de novo review by a district judge under Fed. R.
Civ. P. 72(b) unless the matter requires an evidentiary hearing
which can be conducted by a magistrate judge without being
repeated before a district judge. Case dispositive matters
include motions for judgment on the pleadings, motions for
summary judgment, motions for injunctive relief, motions to
dismiss for failure to state a claim upon which relief may be
granted, motions to dismiss or permit maintenance of a class
action and motions to involuntarily dismiss an action. See 28
U.S.C. § 636(b)(1)(A);
b. Prisoner petitions and habeas corpus cases unless the matter is
not a capital habeas case and requires an evidentiary hearing
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which can be conducted by a magistrate judge without being
repeated before a district judge;
c. Case dispositive matters in criminal felony cases, including
motions to dismiss or quash an indictment or information made
by a defendant and motions to suppress evidence;
d. Acceptance of guilty pleas of defendants in criminal felony
cases pursuant to Fed. R. Crim. P. 11, generally, unless there are
exceptional circumstances that warrant referral;
e. Trial-related motions integral to the trial process, such as
motions in limine, motions to admit or exclude Fed. R. Evid.
404(b) evidence and motions to exclude/strike witnesses;
f. Claim construction hearings and determinations in patent
infringement cases;
g. Bankruptcy appeals; and
h. Motions for attorneys’ fees in cases tried or handled by a
district judge.
4. Magistrate judges also perform the following duties:
a. Conduct settlement conferences;
b. Preside over naturalization ceremonies;
c. Empanel grand juries;
d. Preside over grand jury returns;
e. Preside over Diversion Courts;
f. Court governance responsibilities; and
g. Such additional duties as are not inconsistent with the
Constitution and laws of the United States.
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