JAN j 6 2010 - United States District Court

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By: Deputy Clerk Effective Dec. 1, 1994. Amended effective April 15, 2001; April 15, 2007. MAGISTRATE JUDGE RULES Rule 1. Authority of United States Magistrate Judges (a) Duties Under Title 28, United States Code, Section 636(a). Each United States Magistrate Judge of this Court is authorized to perform the duties prescribed by Title 28, United States Code, Section 636(a), and may- CD Exercise all the powers and duties conferred or imposed upon United States Commissioners by law and the Federal Rules of Criminal Procedure; (2) Administer oaths and affirmations, impose conditions of release under Title 18, United States Code, Section 3146, and take acknowledgments, affidavits, and depositions; and (3) Conduct extraditions proceedings, in accordance with Title 18, United States Code, Section 3184. (b) Disposition of Misdemeanor Cases-Title 18, United States Code, Section 3401; Federal Rule of Criminal Procedure 58. A Magistrate Judge may- CD Arraign and try persons accused of, and sentence persons convicted of, misdemeanors committed within this District in accordance with Title 18, United States Code, Section 3401 and Federal Rule of Criminal Procedure 58; (2) Direct the Probation Office of the Court to conduct a presentence investigation in any misdemeanor case; and (3) Conduct a jury trial in any misdemeanor case where the defendant so requests and is entitled to trial by jury under the Constitution and laws of the United States. (c) Determination of Non-dispositive Pretrial Matters-Title 28, United States Code, Section 636 (b) (1) (A) . A Magistrate Judge may hear and determine any procedural or discovery motion or other pretrial matter in a civil or criminal case, other than the motions which are specified in subsection 1(d), infra, of these rules. (d) Recommendations Regarding Case-Dispositive Motions-Title 28, United States Code, Section 636 (b) (1) (B). (1) A Magistrate Judge may submit to a District Judge of the Court a report containing proposed findings of fact and recommendations for disposition by the District Judge of the following pretrial motions in civil and criminal cases: A-v-iAl Motions for injunctive relief, including temporary restraining orders and preliminary and permanent injunctions; 152
B^-(B) Motions for judgment on the pleadings; Motions for summary judgment; Motions to dismiss or permit the maintenance of a class action; E.(E) Motions to dismiss for failure to state a claim upon which relief may be granted; Motions to involuntarily dismiss an action; Motions for review of default judgments; Motions to dismiss or quash an indictment or information made by a defendant; and 3—(X) Motions to suppress evidence in a criminal case. (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 subsection. (e) Prisoner Cases Under Title 28, United States Code, Sections 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 Title 28, United States Code, Sections 2254 and 2255. In so doing, a Magistrate Judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding and shall submit to a District Judge a report containing proposed findings of fact and recommendations for disposition of the petition by the District Judge. Any order disposing of the petition may only be made by a District Judge. (f) Prisoner Cases Under Title 42, United States Code, Section 1983. A Magistrate Judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding and shall submit to a District Judge a report containing proposed findings of fact and recommendation for the disposition of petitions filed by prisoners challenging the conditions of their confinement. (g) Special Master References. A Magistrate Judge may be designated by a District Judge to serve as a special master in appropriate civil cases in accordance with Title 28, United States Code 636(b)(2) and Federal Rules of Civil Procedure 53. Upon the consent of the parties, a Magistrate Judge may be designated by a District Judge to serve as a special master in any civil case, notwithstanding the limitations of Federal Rule of Civil Procedure 53(b). (h) Conduct of Trials and Disposition of Civil Cases Upon Consent of the Parties-Title 28, United States Code 636 (c). Upon the consent of the parties, a full-time Magistrate Judge may conduct any or all proceedings in any civil case which is filed in this Court, including the conduct of a jury or nonjury trial, and may order the entry of a final judgment, in accordance with Title 28, United States Code 636(c). In the course of conducting such proceedings upon consent of the parties, a Magistrate Judge may hear and determine any and all pre-trial and post-trial motions which are filed by the parties, including 153
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United States District Court Southe
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Administrative Order 94-51, In Re A
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e disclosed to the Clerk of the Cou
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Authority (1993) Former Local Rules
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compliance with the CM/ECF Administ
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Re: Repeal of Local Rule 5.2.D and
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and Court filings are matters of pu
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supplanting original electronic fil
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the date of any hearing held on the
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limitations. (2000) The addition of
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A. Motions for Attornoyo Food and/o
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substantially similar to) AO 133 of
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Authority (1993) Former Local Rule
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Roll of Attorneys. The Bar of this
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Except as otherwise ordered by a Ju
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If the complaint alleges a violatio
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Comments (1993) This Local Rule has
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Rule 16.1^A(a) above; 4fef(B) The d
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the specific acts or omissions reli
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anticipated; and with the Court's p
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of Mediators. j^(l) Certification o
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Procedures to Refer a Case or Claim
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: : . ORDER OF REFERRAL Trial havi
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: . ORDER SCHEDULING MEDIATION The
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or to the Chief Judge's designee. E
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class action plaintiff move, within
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conducted until after the expert su
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discovery or for a protective order
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(1996)[I.] The "attempt to confer"
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depositions or hearings made necess
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(2010) Amended to conform tabulatio
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In cases of a post-judgment writ of
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victim if the announcement is not o
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9029 does not suggest that such a d
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Motions for Stay and Other Intermed
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for example, the disposition of a m
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and costs of the proceedings refere
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posted and forfeited in lieu of app
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individualization, or time limits,
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Effective Dec. 1, 1994. Amended eff
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(1996) A. Removes any explicit requ
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K-s-(k) The government shall, upon
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When a defendant is arrested after
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4. No provision of the Discovery Pr
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(5) Stays or Limitation of Discover
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subject to the objection. A lawyer
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d. The videographer shall certify t
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B. Procedures Governing Manner of P
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answer. Interrogatories propounded
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producing party may be required to
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Page 103 and 104: MS Excel Spreadsheet); (2) the gene
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Page 107 and 108: security; all process shall be issu
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Page 133 and 134: A concern was expressed about the p
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Page 139 and 140: Defendant. WARRANT FOR ARREST IN R
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JAN j 6 2010 - United States District Court

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