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RULE 72.1.1 AUTHORITY OF UNITED STATES MAGISTRATE JUDGES

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(a) Duties Under 28 U.S.C. § 636(a). Each full-time United States Magistrate Judge of the court is authorized to perform the duties prescribed by 28 U.S.C. § 636(a), and may:

(1) Exercise all of the powers and duties conferred or imposed upon United States Commissioners by law and by the Federal Rules of Criminal Procedure.
(2) Administer oaths and affirmations, and take acknowledgments, affidavits, and depositions.
(3) Order that arrested persons be released or detained pending judicial proceedings pursuant to 18 U.S.C. § 3141 et seq.
(4) Conduct extradition proceedings in accordance with 18 U.S.C. § 3184.

(b) Disposition of Misdemeanor Cases. A magistrate judge may:
(1) Try persons accused of, and sentence persons convicted of, misdemeanors committed within this district in accordance with 18 U.S.C. § 3401;
(2) Direct the probation service of the court to conduct a presentence investigation in any misdemeanor case; and
(3) Conduct jury trials in misdemeanor cases where the defendant so requests and is entitled to trial by jury under the Constitution and laws of the United States.

(c) Determination of Nondispositive Pretrial Matters. In accordance with 28 U.S.C. § 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 that are specified in subsection (d) of this rule. A magistrate judge is also authorized to conduct such hearings and conferences and to issue such orders as are provided for by Fed. R. Civ. P. 16.

(d) Recommendations Regarding Case-Dispositive Motions. In accordance with 28 U.S.C. § 636(b)(1)(B), a magistrate judge may submit to a judge of the court a report containing proposed findings of fact and recommendations for disposition by the judge of the following pretrial motions in civil and criminal cases:
(1) Motions for injunctive relief, including temporary restraining orders and preliminary and permanent injunctions;
(2) Motions for judgment on the pleadings;
(3) Motions for summary judgment;
(4) Motions to dismiss or permit the maintenance of a class action;
(5) Motions to dismiss for failure to state a claim upon which relief may be granted;
(6) Motions to involuntarily dismiss an action;
(7) Motions for review of default judgment;
(8) Motions to dismiss or quash an indictment or information made by a defendant; and
(9) Motions to suppress evidence in a criminal case.
A magistrate judge may determine any preliminary matters and conduct any necessary evidentiary hearings or other proceedings arising in the exercise of the authority conferred by this subsection.

(e) Prisoner Cases Under 28 U.S.C. §§ 2241, 2254, and 2255. A magistrate judge may perform any or all of the duties imposed upon a judge by the rules governing proceedings in the United States District Courts under 28 U.S.C. §§ 2241, 2254, and 2255. A magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding and submit to a judge a report containing proposed findings of fact and recommendations for disposition of the petition by the judge. When specifically designated by a judge of the court and upon the consent of the parties, a magistrate judge may conduct any or all proceedings in such cases and may order the entry of a final judgment, in accordance with 28 U.S.C. § 636(c).

(f) Prisoner Cases Under 42 U.S.C. § 1983 and Bivens Cases. A magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding, and submit to a judge a report containing proposed findings of fact and recommendations for the disposition of petitions filed by prisoners pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 402 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d (1971). When specifically designated by a judge of the court and upon the consent of the parties, a magistrate judge may conduct any or all proceedings in such cases, including the conduct of a jury or nonjury trial, and may order the entry of a final judgment, in accordance with 28 U.S.C. § 636(c).

(g) Special Master References. A magistrate judge may be designated by a judge to serve as a special master in appropriate civil cases in accordance with 28 U.S.C. § 636(b)(2) and Fed. R. Civ. P. 53. Upon the consent of the parties, a magistrate judge may be designated by a judge to serve as a special master in any civil case, notwithstanding the limitations of Fed. R. Civ. P. 53(a)(2).

(h) Conduct of Trials and Disposition of Civil Cases Upon Consent of the Parties. When specifically designated by a judge of the court and upon the consent of the parties, a full-time magistrate judge may conduct any or all proceedings in any civil case that 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 28 U.S.C. § 636(c). In the course of conducting such proceedings upon consent of the parties, a magistrate judge may hear and determine any and all pretrial and post-trial motions that are filed by the parties, including case-dispositive motions.

(i) Authority to Perform Additional Duties. Pursuant to 28 U.S.C. § 636(b)(3), magistrate judges are to perform additional functions and duties, including the following:
(1) conduct scheduling conferences; pretrial conferences, settlement conferences, omnibus hearings, and related pretrial proceedings in civil and criminal cases;
(2) conduct calendar and status calls for civil and criminal calendars, and determine motions to expedite or postpone the trial of cases;
(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) take a felony guilty plea when the defendant consents and the district judge does not object;
(5) receive grand jury returns in accordance with Fed. R. Crim. P. 6(f);
(6) accept waivers of indictments pursuant to Fed. R. Crim. P. 7(b);
(7) conduct voir dire and select petit juries for the court when the parties consent and the district judge does not object;
(8) accept petit jury verdicts in civil cases in the absence of a judge;
(9) conduct necessary proceedings leading to the potential revocation of probation;
(10) issue 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) order the exoneration of forfeiture of bonds;
(12) 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. § 1484(d);
(13) conduct examinations of judgment debtors in accordance with Fed. R. Civ. P. 69;
(14) perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109 regarding proceedings for verification of appointment of counsel therein;
(15) conduct such hearings as are necessary or appropriate, and submit to a judge proposed findings of fact and recommendations for disposition of applications for judgment by default pursuant to Fed. R. Civ. P. 55(b), or motions to set aside judgments by default pursuant to Fed. R. Civ. P. 55(c);
(16) require compliance with local rules with regard to pro se petitions under 42 U.S.C. § 1983, and enter orders appointing attorneys in civil rights cases; and
(17) perform any additional duty that is not inconsistent with the Constitution and laws of the United States.

(j) Part-time United States Magistrate Judges. Part-time United States Magistrate Judges are hereby authorized in accordance with the provision of 28 U.S.C. § 636 to perform all duties not otherwise prohibited by law, including but not limited to the following:
(1) issue summonses, warrants, and search warrants; to conduct proceedings under Fed. R. Crim. P. 5 and 32.1; appoint attorneys; and conduct proceedings under 18 U.S.C. § 3141 et seq., all as provided by the Federal Rules of Criminal Procedure;
(2) hear and dispose of misdemeanor and petty offenses as provided by 18 U.S.C. § 3401, in accordance with Fed. R. Crim. P. 58 and in such cases to direct the probation service of the court to conduct a presentence investigation;
(3) perform the duties set forth in §§ (e), (f), and (i) of this rule;
(4) conduct settlement conferences pursuant to D. Kan. Rule 16.3;
(5) appoint attorneys in civil rights and habeas cases referred to such magistrate judge;
(6) administer oaths and affirmations, and take acknowledgments, affidavits, and depositions; and
(7) perform such further duties as may be referred by a judge of the court in accordance with 28 U.S.C. § 636.
When a jury trial is requested in a misdemeanor case, such case will be transferred to a full-time magistrate judge sitting in Kansas City, Topeka, or Wichita.

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As amended 3/17/10; 9/00, 10/22/98, 2/27/98, 2/2/95.