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LR Civ P 72.1

Authority of Magistrate Judges
  1. 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.

  2. 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.

  3. 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.

  4. 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.
  5. 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;
    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.
  6. 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.