The Federal Code at 28 U.S.C. §§ 631–639, sets forth provisions relating to the
appointment, tenure, location, jurisdiction and powers of United States Magistrate
Judges.
(a) General: A magistrate judge is a judicial officer of the district court. A
magistrate judge of this district is designated to perform, and may be assigned, any duty
allowed by law to be performed by a magistrate judge. Performance of a duty by a
magistrate judge will be governed by the applicable provisions of federal statutes and
rules, the general procedural rules of this Court and the requirements specified in any
order or reference from a district judge. In performing a duty, a magistrate judge may
determine preliminary matters; require parties, attorneys and witnesses to appear;
require briefs, proofs and argument; and conduct any hearing, conference or other
proceeding the magistrate judge deems appropriate.
(b) Statutory Duties: Magistrate judges are authorized or specially designated to
perform the duties prescribed by 28 U.S.C. § 636 and such other duties as may be
assigned by the Court or a district judge which are not inconsistent with the Constitution
and laws of the United States.
(c) Habeas Corpus and Collateral Relief: Magistrate judges are authorized to
perform the duties imposed upon district judges by Rules for Proceedings Under 28
U.S.C. § 2254 and Rules for Proceedings Under 28 U.S.C. § 2255, in accordance with
Rule 10 of those Rules and 28 U.S.C. § 636.
(d) Post-Conviction Habeas Corpus and Related Actions: The following matters
are referred to magistrate judges:
(1) Post-conviction habeas corpus petitions or related motions, filed
pursuant to 28 U.S.C. §§ 2241, 2254, and 2255, and related actions;
(2) Prisoner challenges filed pursuant to 42 U.S.C. § 1983, Bivens and
related actions;
(3) Appeals of administrative decisions under the Social Security Act and
related actions, including motions or petitions for attorney’s fees arising out
of such appeals;
(4) Discovery disputes and pretrial motions relating to discovery practice;
(5) Applications to proceed without prepayment of fees and costs; and
(6) Actions filed by persons who are proceeding pro se, whether or not
they are in custody, until such person is represented by retained counsel.
(e) Miscellaneous Duties: Magistrate judges are authorized to:
(1) Exercise general supervision of civil calendars, conduct calendar and
status calls, conduct hearings to resolve discovery disputes and determine
motions to expedite or postpone the trial of cases for the district judges;
(2) Analyze civil cases to determine an appropriate schedule; report
findings to the assigned district judge; and, in complex and other selected
cases, conduct conferences at which a schedule for the completion of
various stages of the litigation will be established, the possibility of early
settlement will be evaluated and alternative dispute resolution mechanisms
will be considered;
(3) Conduct pretrial conferences, scheduling conferences, mediations,
settlement conferences, omnibus hearings and related pretrial
proceedings;
(4) With the consent of the parties, conduct voir dire and preside over the
selection of petit juries;
(5) Accept petit jury verdicts in the absence of the district judge;
(6) Issue subpoenas, writs of habeas corpus ad testificandum or other
orders necessary to obtain the presence of parties, witnesses or evidence
for court proceedings;
(7) Rule on applications for disclosure of tax returns and tax return
information pursuant to 26 U.S.C. § 6103(i)(1);
(8) Order the exoneration or forfeiture of bonds;
(9) Conduct proceedings for the collection of civil penalties of not more
than $200 assessed under the Federal Boat Safety Act of 1971, pursuant
to 46 U.S.C. §§ 4311(d) and 12309(c);
(10) Resolve post-judgment discovery motions and conduct examinations
of judgment debtors pursuant to Fed. R. Civ. P. 69;
(11) Supervise proceedings conducted pursuant to letters rogatory as set
forth in 28 U.S.C. § 1782(a);
(12) Issue orders of withdrawal of funds from the Court registry pursuant
to 28 U.S.C. § 2042;
(13) Issue orders or warrants authorizing acts necessary in the
performance of the duties of administrative and regulatory agencies and
departments of the United States;
(14) Conduct extradition proceedings in accordance with 18 U.S.C. §
3184; and
(15) Serve with designated committees or other judicial officers,
participate in promulgation of local rules and procedures, oversee
administration of the forfeiture of collateral system, and other functions of
court governance as approved by the Chief Judge.
(f) Method of Assignment of Matters to Magistrate Judges: The method for
assignment of duties to a magistrate judge shall be by standing order or case-specific
order unless otherwise provided for in these Local Rules, the Federal Rules of Civil
Procedure, the Rules for Proceedings Under 28 U.S.C. § 2254 and the Rules for
Proceedings Under 28 U.S.C. § 2255. Individual district judges may, in their discretion,
assign or request magistrate judges to perform such other duties as are not inconsistent
with the Constitution and the laws of the United States.
