W.D.N.C. LCrR 59.1

In addition to the powers and duties in 28 U.S.C. § 636(a), after an indictment is returned

or an information is filed in a felony case, United States Magistrate Judges are hereby authorized

under 28 U.S.C. § 636(b), to perform any duties assigned to them by any United States District

Judge of this Court that are consistent with the Constitution and laws of the United States.

(a) Pretrial Matters. In the absence of a United States District Judge’s decision to

reserve a proceeding for decision by a United States District Judge, and with the exception of the

motions and petitions listed herein, a United States Magistrate Judge of this Court is authorized

and assigned to hear and determine pretrial matters including, but not limited to:

(1) Accepting criminal complaints and issuing arrest warrants or summonses;

(2) Conducting initial appearances and imposing release conditions;

(3) Conducting preliminary examinations;

(4) Receiving grand jury returns in accordance with Fed. R. Crim. P. 6(f);

(5) Accepting waivers of indictment;

(6) Receiving executed or cancelling unexecuted arrest warrants;

(7) Conducting arraignments not triable by the United States Magistrate Judge

and taking pleas of not guilty in such cases;

(8) Hearing motions and entering orders for examinations to determine mental

competency;

(9) Hearing and determining discovery motions and motions to sever;

(10) Issuing subpoenas, writs of habeas corpus ad testificandum or habeas

corpus ad prosequendum, or other orders necessary to obtain the presence of parties, witnesses, or

evidence needed for court proceedings;

(11) Conducting initial appearances and preliminary hearings in probation and

supervised release revocation proceedings;

(12) Conducting proceedings for defendants arrested in this district under a

warrant issued in another district for allegedly failing to appear or violating release conditions and

issuing all necessary orders incident thereto;

(13) Issuing search warrants and receiving warrant returns;

(14) Authorizing the installation of pen registers and devices including trap and

trace devices (and issuing orders to assist), beeper devices (transponders), and clone beepers;

(15) Determining if defendants have knowingly and voluntarily waived counsel,

appointing attorneys for defendants who cannot afford them, and approving attorney expense

vouchers;

(16) Determining issues of release or detention of defendants, material

witnesses, and confidential informants;

(17) Ordering exoneration or forfeiture of bonds;

(18) Determining the propriety of joint representation of criminal defendants;

(19) Hearing and determining applications for admission to practice before this

Court;

(20) Directing the payment of basic transportation and subsistence expenses for

defendants financially unable to bear the costs of travel to required court appearances;

(21) Conducting initial proceedings upon the appearance of an individual

accused of an act of juvenile delinquency;

(22) Performing the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109

regarding offenders’ verification of consent to transfer to or from the United States and attorney

appointments; and

(23) Conducting a plea hearing and rejecting or accepting a plea and

recommending rejection or acceptance of a plea by the United States District Judge.

(b) Additional Pretrial Matters. Upon written order or a United States District Judge’s

specific oral referral, a United States Magistrate Judge may also:

(1) Rule on pre-indictment challenges to grand jury subpoenas or other motions

related to grand jury proceedings;

(2) Exercise general supervision of criminal calendars, including the handling

of calendar and status calls, and motions to continue or expedite trials;

(3) Conduct pretrial conferences in a criminal case; and

(4) Conduct a plea hearing and reject or accept a plea and recommend rejection

or acceptance of a plea by the United States District Judge.

(c) Continuance of Felony Cases from District Court Docket. At arraignment, a

United States Magistrate Judge is authorized to grant a single presumptive continuance while

considering the requirements of the Speedy Trial Act, 18 U.S.C. § 3161 et seq., and ensuring that

the ends of justice are served by granting the continuance. It is anticipated that most such

continuances will occur where trial is set less than thirty (30) days from arraignment. A United

States Magistrate Judge may also resolve any objections to this presumptive continuance.

(d) Dispositive Matters.

(1) United States Magistrate Judge’s Recommendation. A United States

Magistrate Judge is authorized to submit to a United States District Judge a report containing

proposed findings of fact and a recommendation for disposition by the United States District Judge

of the following matters:

(A) Motions to dismiss or quash an indictment or information;

(B) Motions to suppress evidence;

(C) With the consent of the parties and the assigned United States

District Judge, make such recommendations regarding the taking and accepting of guilty pleas as

may be necessary;

(D) Petitions to revoke probation and supervised release, including the

conduct of the final probation or supervised release revocation hearing; and

(E) Petitions for habeas corpus and motions for post-conviction relief

filed under 28 U.S.C. §§ 2241, 2254, and 2255.

(2) Authority to Conduct Proceedings. A United States Magistrate Judge is authorized to issue any

preliminary order and conduct any necessary evidentiary hearing or other proceeding arising in the

exercise of the authority conferred by this subsection.

(e) Exception. Nothing in this Rule precludes a United States District Judge from (1)

reserving any proceeding for conduct by a United States District Judge, rather than a United States

Magistrate Judge, or (2) modifying the method of assigning matters to a United States Magistrate

Judge, as circumstances warrant.