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LCivR 72.1 Authority, generally

72.1      Authority, generally - The magistrate judges of this district are hereby empowered to perform all duties authorized by 28 U.S.C. § 636 and any other duty not inconsistent with the Constitution and laws of the United States, as more fully set forth below.

  1. Duties under 28 U.S.C. § 636(a) - Each magistrate judge of this court is empowered to perform all duties prescribed by 28 U.S.C. § 636(a).
  2. Determination of nondispositive pretrial matters - 28 U.S.C. § 636(b)(1)(A) - A magistrate judge may hear and determine any procedural or discovery motion or other pretrial matter in a case, other than the motions which are specified in LCivR 72.1(c).
  3. Recommendations regarding case dispositive motions - 28 U.S.C. § 636(b)(1)(B) -
    1. A magistrate judge may submit to a district judge a report containing proposed findings of fact and recommendations for disposition by the district judge of the following pretrial motions in civil cases:
      1. motion for injunctive relief, including temporary restraining orders and preliminary and permanent injunctions;
      2. motions for judgment on the pleadings;
      3. motions for summary judgment;
      4. motions to dismiss or permit the maintenance of a class action;
      5. motions to dismiss for failure to state a claim upon which relief may be granted;
      6. motions to involuntarily dismiss an action; or
      7. motions for review of default judgments.
    2. A magistrate judge may determine any preliminary matters and conduct any necessary evidentiary hearing or other proceeding arising in the exercise of the authority conferred by this rule.
  4. Prisoner cases under 28 U.S.C. §§ 2254 and 2255 - A magistrate judge may perform any or all of the duties imposed upon a district judge by the rules governing proceedings in the United States District Courts under §§ 2254 and 2255 of Title 28, United States Code and may review all other applications for relief made under 28 U.S.C. Chapter 153. In so doing, a magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding and may submit to a district judge a report containing proposed findings of fact and recommendations for disposition of the petition. Any order disposing of the petition may only be made by a district judge.
  5. Prisoner cases under 42 U.S.C. § 1983 - A magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding and may submit to a district judge a report containing proposed findings of fact and recommendations for the disposition of petitions filed by prisoners challenging the conditions of their confinement. Any order disposing of the petition may only be made by a district judge.
  6. Other duties - A magistrate judge is also authorized to perform any additional duty not inconsistent with the Constitution and laws of the United States.
Date Last Modified: 
January 1, 2019