E.D. Pa. L.C.R. 50.2

I. In criminal matters, each United States magistrate judge of this district is

authorized to exercise all powers and perform all duties conferred or imposed upon them

or United States commissioners by law, by the Federal Rules of Criminal Procedure, by the

Local Criminal Rules, or by orders or decisions of the United States Supreme Court, Third

Circuit Court of Appeals, or the United States District Court for the Eastern District of

Pennsylvania. These shall include, but are not limited to, all powers and duties conferred

or imposed upon them under:

(a) The following statutes: 18 U.S.C § 3041, Powers of Courts and

Magistrates; 18 U.S.C. § 3060, Preliminary Examination; 18 U.S.C. §§ 3121-3127, Pen

Registers and Trap and Trace Devices; 18 U.S.C. §§ 3141-3156, Release and Detention

Pending Judicial Proceedings; 18 U.S.C. §§ 3181-3196, Extradition; 18 U.S.C. §§ 3401-

3402, Trial by United States Magistrates; 18 U.S.C. §§ 4100-4115, Transfer to or From

Foreign Countries; 28 U.S.C. § 636, Jurisdiction, Powers, and Temporary Assignment.

(b) The following Federal Rules of Criminal Procedure: Fed. R. Crim. P.3,

The Complaint; Fed. R. Crim. P. 4, Arrest Warrant or Summons Upon Complaint; Fed. R.

Crim. P. 5, Initial Appearance Before the Magistrate Judge; Fed. R. Crim. P. 5.1,

Preliminary Examination; Fed. R. Crim. P. 6, The Grand Jury; Fed. R. Crim. P.9, Warrant

or Summons Upon Indictment or Information; Fed. R. Crim. P. 17, Subpoena; Fed. R.

Crim. P. 32.1, Revocation or Modification of Probation or Supervised Release; Fed. R.

Crim. P. 40, Commitment to Another District; Fed. R. Crim. P. 41, Search and Seizure;

Fed. R. Crim. P. 54, Application and Exception; Fed. R. Crim. P.58, Procedure for

Misdemeanors and Other Petty Offenses.

(c) The following Local Rules of Criminal Procedure: L.R.Crim.P. 6.1, The

Grand Jury; L.R.Crim.P. 10.1, Arraignment and Plea; L.R.Crim.P. 58.1, Forfeiture of

Collateral in Lieu of Appearance and Mandatory Court Appearance.

II. In a criminal matter, each United States magistrate judge of this district is

authorized to exercise the following powers and duties when requested by the district

judge assigned to the criminal matter:

(a) Supervise the criminal calendar, conduct status calls, conferences, and

hear and determine any pretrial motion or matter permitted by 28 U.S.C. § 636(b)(1)(A).

(b) Hear and submit proposed findings of fact and recommendations for

any motion permitted by 28 U.S.C. § 636(b)(1) (B).

(c) Select a petit jury with the express voluntary consent and waiver of all

counsel, the government, and the defendant.

(d) Perform such additional duties as are legally proper.

III. Criminal matters shall be assigned to the United States magistrate judge of

this district under the following procedures:

(a) (Felony Cases) Upon the return of an indictment, or the filing of an

information, all felony cases shall be assigned by the Clerk to a duty magistrate judge for

the purpose of conducting an arraignment unless the district judge assigned to that case

otherwise directs.

(b) (Misdemeanor cases) Upon the filing of an information, complaint,

violation notice, or return of an indictment, all misdemeanor cases shall be assigned by the

Clerk to a particular magistrate judge who shall proceed in accordance with the provisions

of 18 U.S.C. § 3401 and the applicable Rules of Criminal Procedure.

IV. Reconsideration and Appeal in Criminal Matters.

(a) Reconsideration of pretrial matters - 28 U.S.C. § 636(b)(1)(A).

A defendant or the government may object to a magistrate judge’s

order determining a motion or matter under 28 U.S.C. § 636 (b)(1)(A) within fourteen (14)

days after issuance of the magistrate judge’s order, unless a different time is prescribed by

the magistrate judge or a judge. The party objecting shall file with the Clerk of Court, and

serve on the magistrate judge and all parties, a brief, along with a written statement of

objections which shall specifically designate the order, or part thereof, subject to the

objections and the basis for such objections. The District Court may upon the filing of

objections or sua sponte reconsider, affirm, reject, modify, or recommit any pretrial

motion or matter handled by a magistrate judge.

(b) Review of Proposed Findings and Recommendations - 28 U.S.C. §

636(b)(1)(B).

A defendant or the government may object to a magistrate judge’s

proposed findings, recommendations or report under 28 U.S.C. § 636(b)(1)(B) within

fourteen (14) days after being served with a copy thereof by following the procedure set

forth in 28 U.S.C. § 636(b)(1) (C). The party objecting shall file with the Clerk of Court and

serve on the magistrate judge and all parties, a brief, along with written objections which

shall specifically identify the portions of the proposed findings, recommendations or report

to which objections are made and the basis for such objections.

(c) Appeal of Misdemeanor Convictions - 18 U.S.C. §3402.

A defendant may appeal from a magistrate judge’s judgment of

conviction of a misdemeanor under 18 U.S.C. §3402 within fourteen (14) days after the

entry of judgment. The party appealing shall file with the Clerk of Court, and serve on the

magistrate judge and all parties, a brief, along with a notice of appeal which shall set forth

the basis for such appeal. The scope of appeal shall be the same as in an appeal from the

District Court to the Court of Appeals.