Hello and thank you for your question.
What you describe appears to be a proposed order under 28 U.S.C. sec 636. A magistrate judge does not have the authority to decide dispositive motions such as summary judgment motions, but he may review such motions and make a recommendation to the district court
judge. The district court judge then notifies the parties of the proposed order. The parties then have 14 days to object.
The relevant text of the statute is as follows:
(1) Notwithstanding any provision of law to the contrary— (A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion
for injunctive relief, for judgment on the pleadings, for summary judgment
, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action
, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action.
A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary to law.
(B) a judge may also designate a magistrate judge to conduct hearings
, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any motion excepted in subparagraph (A), of applications for posttrial relief made by individuals convicted of criminal offenses and of prisoner petitions challenging conditions of confinement.
(C) the magistrate judge shall file his proposed findings and recommendations under subparagraph (B) with the court and a copy shall forthwith be mailed to all parties. Within fourteen 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. 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, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.
The statute can be found here http://www.law.cornell.edu/uscode/text/28/636
One of the bases for your objection can be that the magistrate judge did not conduct a hearing.
Please feel free to ask any follow-up questions.