Opinion
Civil Action No. 99-D-2196
October 3, 2001
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
The court RECOMMENDS that defendant Edward G. Novotny's motion titled: "Respondent Appears Specially and not Generally by Special Visitation to move this court to Dismiss this Action Pursuant to Rule 12(b)(6), F.R.Civ.P. . . .," filed on September 24, 2001, and which is largely unintelligible, be DENIED for the reasons set forth in the September 14, 2001 Memorandum Opinion and Order. Within ten days after being served with a copy of the proposed findings and recommendation, any party may serve and file written objections to the proposed findings and recommendation with the Clerk of the United States District Court for the District of Colorado. The district court judge shall make a de novo determination of those portions of the proposed findings or specified recommendation to which objection is made. The district court judge may accept, reject, or modify, in whole or in part, the proposed 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 court notes that the Memorandum Opinion and Order was issued by the undersigned pursuant to the parties' consent, under 28 U.S.C. § 636 (c), for final determination by a United States Magistrate Judge of dispositive motions pending as of June 11, 2001. The parties' consent does not encompass Edward Novotny's motion to dismiss which was filed on September 24, 2001.
Failure to make timely objections to the magistrate judge's recommendation may result in a waiver of the right to appeal from a judgment of the district court based on the findings and recommendations of the magistrate judge.