S.D. Miss. L.U. Civ. R. 72

(a) Procedures Before a Magistrate Judge

(1) Appeal of Magistrate Judge’s Decision

(A) A party aggrieved by a magistrate judge’s ruling may appeal the

ruling to the assigned district judge. The appeal is perfected by

serving and filing objections to the ruling within 14 days after being

served with a copy of the ruling, specifying the grounds of error.

Objections must be filed and served upon the other party or parties.

The opposing party or parties must either file a response to the

objection or notify the district judge that they do not intend to

respond within 14 days of service of the objections.

(B) No ruling of a magistrate judge in any matter which he or she is

empowered to hear and determine will be reversed, vacated, or

modified on appeal unless the district judge determines that the

magistrate judge’s findings of fact are clearly erroneous, or that the

magistrate judge’s ruling is clearly erroneous or contrary to law.

(2) Effect of Ruling by a Magistrate Judge. A magistrate judge’s ruling or

order is the court’s ruling and will remain in effect unless and until

reversed, vacated, modified, or stayed. The filing of a motion for

reconsideration does not stay the magistrate judge’s ruling or order, and no

such stay occurs unless ordered by the magistrate judge or a district judge.

A stay application must first be presented to the magistrate judge who

issued the ruling or order. If the magistrate judge denies the stay, the

applicant may request in writing a stay from the district judge to whom the

case is assigned. Counsel for the applicant must append to the application

to the district judge for a stay a certification by counsel that an application

for the stay was made to and denied by the magistrate judge.

(3) Matters Upon Which a Magistrate Judge is Required to Submit a Report

and Recommendations. In all matters requiring a full-time magistrate judge

to make a report and recommendation to the district court, the magistrate

judge must submit the report and recommendation to the district judge and

to the clerk of court. After service of a copy of the magistrate judge’s report

and recommendations, each party has 14 days to serve and file written

objections to the report and recommendations. A party must file objections

with the clerk of court and serve them upon the other parties and submit

them to the assigned district judge. Within seven days of service of the

objection, the opposing party or parties must either serve and file a

response or notify the district judge that they do not intend to respond to

the objection.

(4) Rule Not Applicable to Consent Cases. Nothing contained in this rule

applies to any civil action referred to a magistrate judge by consent of the

parties under L.U. CIV. R. 73 for trial and entry of judgment after the date

of reference.

(b) Assignments to a Magistrate Judge. All United States Magistrate Judges serving

within the territorial jurisdiction of the Northern District of Mississippi and the

Southern District of Mississippi are referred all the powers and duties granted them

by the provisions of 28 U.S.C. § 636 within their territorial jurisdictions. In an

action referred to a magistrate judge, the magistrate judge will perform the duties

assigned by the court under court rule, plan, order, or other document. A

magistrate judge will perform other duties when those duties are assigned by the

court or a district judge under court rule, plan, order, or other document.

(c) Notifying Parties of Non-Automatic Assignment. If not effected directly by the

clerk of court under court rule, plan, order, or other document, reference of a case

or duty to a magistrate judge will be by order signed by a district judge. The clerk

of court will notify all parties to the action of each reference by a district judge.

(d) Referral to Magistrate Judge. Pretrial motions in civil actions are hereby referred

to a magistrate judge for hearing and determination, subject to the following

exceptions: motions for injunctive relief; motions to remand; motions for judgment

on the pleadings; motions for summary judgment; motions to dismiss or to permit

maintenance of a class action; motions to dismiss for failure to state a claim upon

which relief can be granted; motions to involuntarily dismiss an action; motions in

limine regarding evidentiary matters; and motions affecting the rulings on

dispositive motions (e.g., motions to amend) pending before a district judge. Upon

entry of a pretrial order, all motions thereafter served must be submitted to the

assigned trial judge.

(e) Hearing of Non-dispositive Motions When Assigned Magistrate Judge is

Unavailable. When the magistrate judge assigned to an action is unavailable

because of absence from the district, illness, or other cause, or in a bona fide

emergency as the result of which any party would be prejudicially delayed by

presenting the matter to that magistrate judge, any other full-time magistrate judge

may hear and determine any motion presented by a party, other than a motion

enumerated as an exception in 28 U.S.C. § 636 (b)(1)(A) and L.U. CIV. R. 72(d).