Because it is common for federal civil cases to be assigned to both a district judge and a magistrate judge, this article examines the roles a federal magistrate judge can—and cannot—play without the parties’ consent. Knowing the constraints on the power of a magistrate judge is essential to a full understanding of your rights of review in the federal court system.

Magistrate judges have two sources of authority: the authority vested in them by statute, 28 U.S.C. Section 636(a), (b), which may be exercised even over the parties’ objection; and the authority to play a broader role, up to and including the right to try a case to final judgment, if all parties consent, 28 U.S.C. Section 636(c). Because the scope of a magistrate judge’s nonconsensual authority is statutory, and cannot be enlarged by local rule or practice, it is important for an attorney to recognize at the outset of litigation both when and how it may behoove you to take advantage of the services of a federal magistrate judge and when you may have the right to block a magistrate judge from taking definitive action on the grounds that it exceeds her statutory authority. Although it is unlikely you can prevent a magistrate judge from considering a dispositive motion over your objection, a successful challenge could limit him to issuing findings of fact and a report and recommendation (R&R), which a district judge has significant latitude to reject (or modify).

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