Role of the United States Magistrate in Prisoner Litigation (From Prisoners and the Law, P 11-3 to 11-15, 1985, by Ira P Robbins, ed. - See NCJ-100564)

• NCJ Number: 100571
• Author(s): F N Smalking
• Date Published: 1985
• Length: 13 pages
• Sale Source: Clark Boardman Company, Ltd
• Language: English
• Country: United States of America

Annotation

This paper reviews the history of the U.S. magistrates' office, magistrate functions and duties pertaining to prisoner litigation, and the practical aspects of litigation before magistrates.

Abstract

Although magistrates do not have the status of judges, both statutes and case law permit the assignment of significant adjudicatory duties to magistrates. The bulk of prisoner litigation handled by magistrates is referred by judges without the consent of the parties. The magistrate has authority to conduct hearings (both legal and evidentiary) and to submit proposed findings of fact and recommendations for case disposition to the district judge. The magistrate's dispositive power does not extend to dismissals or to the determination of whether an evidentiary hearing is required. Challenges to conditions of confinement under 42 U.S.C. section 1983 may be handled by magistrates in the pretrial stages to the extent of deciding motions for summary judgment or for failure to state a claim upon which relief can be granted. Magistrates may try civil cases with the parties' consent so that they function in the manner of a district judge in all respects. The magistrate statute is appended. 47 notes.