IX. SPECIAL PROCEEDINGS

72.1 Duties of Magistrate Judge

Any magistrate judge is authorized to exercise all the powers and perform all duties conferred upon magistrate judges by United States Code, Title 28, Sections 636(a), (b), and (g), and to exercise the powers enumerated in Rule 4 of the Rules Governing Section 2254 Proceedings, and Rules 8 and 10 of the Rules Governing Section 2254 and 2255 Proceedings.

Any magistrate judge is designated to (a) hear and determine all pretrial matters authorized by 28 U.S.C. § 636(b)(1)(A) and all post-judgment collection proceedings under the authority of 28 U.S.C. § 636(b)(3), (b) to review all matters relating to persons failing to appear on a summons for jury service under the authority of 28 U.S.C. § 636(b)(3) and, if necessary, to conduct any hearing in accordance with 28 U.S.C. § 1866(g), and (c) to hear and submit proposed findings of fact and recommendations for the disposition of motions to dismiss and/or for summary judgment in pro se plaintiff civil cases.

(Second paragraph added 1/1/00; amended 12/1/09, 12/1/11)

72.2 Response to Objection to Magistrate Judge Order on Nondispositive Matter

A party may respond to another party’s objection to the order of a magistrate judge on a nondispositive matter within fourteen (14) days after being served with a copy of the objection.

(Added 1/1/05; amended 12/1/09)

73.1 Assignment of Cases to Magistrate Judge

(a) Designated Jurisdiction

The judges of this district designate the magistrate judge to conduct all proceedings in any civil matter upon the consent of the parties.

(b) Methods of Assignment

(1) Reassignment Following Request of Parties

Parties may consent to the reassignment of a case to a magistrate judge by filing a Notice, Consent, and Order of Reference form stating that the parties consent to the reassignment.  This form should not be returned to the clerk of court unless all parties consent to the reassignment.  The clerk shall notify the parties in all cases that they may consent to have the magistrate judge conduct all proceedings in any civil matter.

(2) Initial Assignment by the Clerk

The chief judge may authorize the clerk to randomly assign cases to the magistrate judge for all purposes, including trial, entry of final judgment, and all post-judgment proceedings.

(A) Notification of Initial Assignment

The clerk shall inform the parties of the initial assignment by issuing a notice of assignment and consent form.

(B) Consent

A case initially assigned to the magistrate judge pursuant to this subsection shall be reassigned to a district judge unless all parties consent to the assignment.  A designated party shall file either a consent or declination of consent on a form provided by the clerk in the manner and within the time frame specified in the clerk's notice.  Any party is free to withhold consent without adverse substantive consequences.

(c) Construction With Other Laws

Pursuant to 28 U.S.C. § 636(c), the right to have certain civil proceedings conducted by a judge, appointed pursuant to Article III of the United States Constitution, shall be preserved to the parties inviolate. 

History

(§§ (b)(2)(A) and (B) amended 1/1/99; § (b)(1) amended 1/1/00; §§ (b)(1) and (2) amended 1/1/05; § (b)(2)(B) amended 12/1/09; §§ (b)(2)(A)-(B) amended 12/1/11)