(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
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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, filed pursuant to 28 U.S.C. §§ 2241, 2254,
2255, and 18 U.S.C. § 3582(c), and related actions;
(2) Prisoner challenges to conditions of confinement, filed pursuant to
42 U.S.C. § 1983, and 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.
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(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) determine post-judgment discovery motions and conduct examinations of
judgment debtors pursuant to FR 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;
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(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; and
(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, 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.
