72.3      Review and appeal of magistrate judge decisions

1. Appeal of nondispositive matters - 28 U.S.C. § 636(b)(1)(A) - Any party may appeal from a magistrate judge's order determining any motion or matter within fourteen (14) days after service of the magistrate judge's order, unless a different time is prescribed by the magistrate judge or the district judge. Such party shall file and serve a written statement of appeal which shall specifically designate the order, or part thereof, appealed from and the basis for any objection thereto. In any case in which the decision of the magistrate judge is reflected only in an oral opinion on the record, the appealing party shall provide the district judge with a transcript of the oral opinion, unless excused by the district judge. Any party may respond to another party's objections within fourteen (14) days of service. Objections and responses shall conform to the word count and page limits for briefs set forth in LCivR 7.3(b). A district judge of the court shall consider the appeal and shall set aside any portion of the magistrate judge's order found to be clearly erroneous or contrary to law.
2. Review of case dispositive motions and prisoner litigation - 28 U.S.C § 636(b)(1)(B) - Any party may object to a magistrate judge's proposed findings, recommendations or report within fourteen (14) days after being served with a copy thereof unless a different time is prescribed by the magistrate judge or a district judge. Such party shall file and serve written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objections are made and the basis for such objections. Any party may respond to another party's objections within fourteen (14) days after being served with a copy thereof. Objections and responses shall conform to the word count and page limits for briefs set forth in LCivR 7.2(b). A district judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The district judge, however, need conduct a new hearing only where required by law, and may consider the record developed before the magistrate judge, making a de novo determination on the basis of that record. The district judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions.
3. Special master reports - 28 U.S.C. § 636(b)(2) - Any party may seek review of, or action on, a special master report filed by a magistrate judge in accordance with the provisions of Rule 53(f) of the Federal Rules of Civil Procedure.
4. Appeals from other orders of a magistrate judge - Appeals from any other decisions and orders of a magistrate judge not provided for in this rule should be taken as provided by governing statute, rule, or decisional law.