Page:United States Statutes at Large Volume 90 Part 2.djvu/1262

 90 STAT. 2730

28 USC app.

PUBLIC LAW 94-577—OCT. 21, 1976 " (4) Each district court shall establish rules pursuant to which the magistrates shall discharge their duties.". SEC. 2. (a)(1) Rule 8(b) of the Rules Governing Section 2254 Cases in the United States District Courts is amended to read as follows: " (b) F U X C T I O N OP THE MAGISTRATE,—

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28 USC app.

"(1) When designated to do so in accordance with 28 U.S.C. § 636(b), a magistrate may conduct hearings, including evidentiary hearings, on the petition, and submit to a judge of the court proposed findings of fact and recommendations for disposition. "(2) The magistrate shall file proposed findings and recommendations with the court and a copy shall forthwith be mailed to all parties. "(3) Within ten days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. "(4) A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify in whole or in part any findings or recommendations made by the magistrate.". (2) Rule 8(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts is amended to read as follows: "(b)

FUNCTION or THE MAGISTRATE.—

"(1) When designated to do so in accordance with 28 U.S.C. § 636(b), a magistrate may conduct hearings, including evidentiary hearings, on the motion, and submit to a judge of the court proposed findings and recommendations for disposition. "(2) The magistrate shall file proposed findings and recommendations with the court and a copy shall forthwith be mailed to all parties. " (3) Within ten days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. "(4) A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify in whole or in part any findings or recommendations made by the magistrate.".

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