W.D. Pa. LCvR 72

A. Duties under 28 U.S.C. §§ 636(a)(1) and (2). Each Magistrate Judge

appointed by this Court is authorized to perform the duties prescribed by 28

U.S.C. § 636(a)(1) and (2) and may:

1. exercise all the powers and duties conferred or imposed upon United

States commissioners or Magistrate Judges by law or the Federal Rules of

Criminal Procedure;

2. administer oaths and affirmations, impose conditions of release under

18 U.S.C. § 3142 and take acknowledgments, affidavits, and depositions;

3. conduct removal proceedings and issue warrants of removal in

accordance with Fed. R. Crim. P. 40;

4. conduct extradition proceedings, in accordance with 18 U.S.C. § 3184;

and

5. supervise proceedings conducted pursuant to letters rogatory, in

accordance with 28 U.S.C. § 1782.

B. Disposition of Misdemeanor Cases -- 28 U.S.C. § 636(a)(3).

1. A Magistrate Judge may, upon the express consent of the defendant:

a. try persons accused of, and sentence persons convicted of,

misdemeanors committed within this district in accordance with 18

U.S.C. § 3401; and

b. dismiss or quash a misdemeanor indictment or information,

decide a motion to suppress evidence; and

c. direct the probation service of the Court to conduct a

presentence investigation in any misdemeanor case.

2. A Magistrate Judge shall:

a. file the record of proceedings and all other official papers with the

Clerk of Court within twenty-one (21) days after disposing of a

misdemeanor or, in other cases, after completing his or her

assigned duties;

b. transmit immediately to the Clerk of Court all fines collected or

collateral forfeited.

3. An appeal from a judgment of a Magistrate Judge having been certified

to the Court in accordance with the Rules of Procedure for Trials before

Magistrate Judges (18 U.S.C. § 3402), the appellant shall, within fourteen

(14) days, serve and submit a brief. The United States Attorney shall

serve and submit a reply brief within fourteen (14) days after receipt of a

copy of the appellant's brief;

4. In a case involving a petty offense as defined in 18 U.S.C. § 1(3),

payment of a fixed sum may be accepted in lieu of appearance and as

authorizing the termination of the proceeding;

5. There shall be maintained at the office of the Clerk of Court a list of

those petty offenses for which collateral forfeiture may apply and the

amounts of said collateral forfeiture. The list shall enumerate those

offenses for which collateral forfeiture shall not apply and for which

appearance shall be mandatory;

6. Nothing contained in this rule shall prohibit a law enforcement officer

from arresting a person for the commission of any offense, including those

for which collateral may be posted and forfeited, and requiring the person

charged to appear before a Magistrate Judge or, upon arrest, taking him or

her immediately before a Magistrate Judge;

C. Nondispositive Pretrial Matters.

1. In accordance with 28 U.S.C. § 636(b)(1)(A), a Magistrate Judge may

hear and determine any pretrial motion or other pretrial matter, other than

those motions specified in Rule 4 of the Rules Governing Section 2254

and Section 2255 Proceedings.

2. Objections to Magistrate Judge's Determination. Any party may

object to a Magistrate Judge's determination made under this rule within

fourteen (14) days after the date of service of the Magistrate Judge's

order, unless a different time is prescribed by the Magistrate Judge or

District Judge. Such party shall file with the Clerk of Court, and serve on

all parties, written objections which shall specifically designate the order or

part thereof objected to and the basis for objection thereto. The opposing

party shall be allowed fourteen (14) days after date of service to respond

to the objections. The District Judge assigned to the case shall consider

the objections and set aside any portion of the Magistrate Judge's order

found to be clearly erroneous or contrary to law. The District Judge may

also reconsider any matter sua sponte.

D. Dispositive Pretrial Motions and Prisoner Cases.

1. In accordance with 28 U.S.C. § 636(b)(1)(B) and (C), a Magistrate

Judge may hear, conduct such evidentiary hearings as are necessary or

appropriate, and submit to a District Judge proposed findings of fact and

recommendations for the disposition of:

a. applications for post-trial relief made by individuals convicted of

criminal offenses;

b. prisoner petitions challenging conditions of confinement; and

c. motions for injunctive relief (including temporary restraining

orders and preliminary injunctions), for judgment on the pleadings,

for summary judgment, to dismiss or permit the maintenance of a

class action, to dismiss for failure to state a claim upon which relief

may be granted, to involuntarily dismiss an action, for judicial review

of administrative determinations, and for review of default

judgments.

2. Objections to Magistrate Judge's Proposed Findings. Any party

may object to the Magistrate Judge's proposed findings, recommendations

or report under this rule within fourteen (14) days after date of service.

Such party shall file with the Clerk of Court, and serve on all parties,

written objections which shall specifically identify the portions of the

proposed, recommendations or report to which objection is made and the

basis for such objections. Such party may be ordered to file with the Clerk

of Court a transcript of the specific portions of any evidentiary proceedings

to which objection is made. The opposing party shall be allowed fourteen

(14) days after date of service to respond to the objections. A District

Judge shall make a de novo determination of those portions to which

objection is made and may accept, reject or modify in whole or in part, the

findings and recommendations made by the Magistrate Judge. The

District Judge, however, need not conduct a new hearing and may

consider the record developed before the Magistrate Judge, making his or

her own determination on the basis of that record, or recommit the matter

to the Magistrate Judge with instructions.

E. Special Master References and Trials by Consent.

1. A Magistrate Judge may serve as a special master subject to the

procedures and limitations of 28 U.S.C. § 636(b)(2) and Fed. R. Civ. P. 53.

2. Where the parties consent, a Magistrate Judge may serve as a special

master in any civil case without regard to the provisions of Fed. R. Civ. P.

53(b).

3. The Magistrate Judges may, upon consent of the parties, conduct any

and all proceedings in a jury or non-jury civil matter and order the entry of

judgment in accordance with 28 U.S.C. § 636(c).

F. Other Duties. A Magistrate Judge is also authorized to:

1. exercise general supervision of the civil and criminal calendars of the

Court, conduct calendar and status calls, and determine motions to

expedite or postpone the trial of cases for the Judges;

2. conduct pretrial conferences, settlement conferences, omnibus

hearings and related pretrial proceedings;

3. conduct arraignments in cases not triable by the Magistrate Judge to

the extent of taking a not guilty plea or noting a defendant's intention to

plead guilty or nolo contendere and ordering a presentence report in

appropriate cases;

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

issue bench warrants and enter orders sealing the record in accordance

with Fed. R. Crim. P. 6(e), 6(f) and 9(a);

5. conduct voir dire and select petit juries for the Court;

6. accept petit jury verdicts in civil cases in the absence of a District

Judge;

7. conduct necessary proceedings leading to the potential revocation of

probation;

8. issue subpoenas, writs of habeas corpus ad testificandum or habeas

corpus ad prosequendum, or other orders necessary to obtain the

presence of parties or witnesses or evidence needed for Court

proceedings;

9. order the exoneration or forfeiture of bonds;

10. conduct proceedings for the collection of civil penalties of not more

than $200 assessed under the Federal Boat Safety Act of 1971, in

accordance with 46 U.S.C. § 484(d);

11. conduct examinations of judgment debtors in accordance with Fed. R.

Civ. P. 69;

12. review petitions in civil commitment proceedings under Title III of the

Narcotic Addict Rehabilitation Act;

13. approve deferred prosecution agreements in felony cases pending

before the Magistrate Judge in which no indictment or information has

been filed;

14. issue administrative inspection warrants and other compulsory

process sought by administrative agencies of the United States; and

15. perform any additional duty as is not inconsistent with the Constitution

and laws of the United States.

G. Assignment of Duties of Magistrate Judges. The Clerk of Court will

assign each non-prisoner civil action to a District Judge or a Magistrate Judge by

automated random selection such that a Magistrate Judge will be assigned a

case, in the first instance, approximately one-third of the time. All prisoner civil

cases and non-death penalty habeas cases will be assigned only to a Magistrate

Judge.

In the event the action is assigned to a Magistrate Judge, each party shall

execute and file within 21 days of its appearance a form, either consenting to the

jurisdiction of the Magistrate Judge or electing to have the case randomly

assigned to a District Judge. If a party elects to have the case assigned to a

District Judge, the Magistrate Judge shall continue to manage the case by

deciding non-dispositive motions and submitting reports and recommendations

on dispositive motions, unless otherwise directed by the District Judge. If all

parties do not consent to Magistrate Judge jurisdiction, a District Judge shall be

assigned and the Magistrate Judge shall continue to manage the case consistent

with 28 U.S.C. § 636.

H. Forfeiture of Collateral in Lieu of Appearance.

1. Pursuant to paragraph G(2) of the order of this Court of March 9, 1971,

adopting rules for United States Magistrate Judges (LCvR 72.A), this list is

established setting forth those petty offenses for which trial appearance

shall be mandatory and the amounts of collateral forfeiture which may be

acceptable in lieu of appearance.

2. Petty offenses for which trial appearance shall be mandatory:

a. traffic offenses:

i. indictable offenses;

ii. offenses resulting in an accident where one of the following

conditions are met:

(a) two or more vehicles are involved;

(b) personal injury has resulted; or

(c) property damage in excess of $200 has resulted.

iii. operation of a motor vehicle while under the influence of

intoxicating liquor or a narcotic or habit producing drug, or

permitting another person who is under the influence of

intoxicating liquor or a narcotic or habit producing drug to

operate a motor vehicle owned by the defendant or in his or her

custody or control;

iv. reckless driving;

v. leaving the scene of an accident;

vi. driving while under suspension or revocation of a driver's

license;

vii. driving without being licensed to drive;

viii. exceeding the speed limit by more than 15 miles per hour;

or

ix. a second moving traffic offense within a 12-month period, as

indicated by a notation on a driver's license.

b. non-traffic offenses:

i. drunkenness; or

ii. disorderly conduct.

3. In all other petty offenses collateral forfeitures may be accepted by the

duly authorized representative of the agency in an amount not greater than

25% of the maximum fine established by law for each offense, but in no

event less than ten dollars ($10.00); provided, however, that the enforcing

agencies shall file with the Clerk of Court a schedule of collateral

forfeitures approved by the Chief Judge. However, in those petty offenses

for which the maximum fine established by law is less than ten dollars

($10.00), collateral forfeitures may be accepted in an amount equal to the

maximum fine.