Occupational Safety and Health Administration v. Colorado Forge

Filing 16

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE: This action be administratively closed. ORDER : Order to Show Cause is DISCHARGED. by Magistrate Judge Boyd N. Boland on 9/11/12. (bnbcd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 12-cv-01429-WYD-BNB IN THE MATTER OF Establishment Inspection of Colorado Forge 107 Trinity Lane Pagosa Springs, Colorado 81147 ______________________________________________________________________________ RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND ORDER ______________________________________________________________________________ This matter arises on the Secretary of Labor’s Status Report [Doc. # 15, filed 9/10/2012]. The Secretary reports that the commands of the Inspection Warrant have been fulfilled and no violation has been identified. The Secretary requests that my Order to Show Cause [Doc. # 9] be discharged and that this action be closed. IT IS ORDERED that the Order to Show Cause [Doc. # 9] is DISCHARGED. In addition, I respectfully RECOMMEND that this action be administratively closed pursuant to D.C.COLO.LCivR 41.2.1 1 Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b), the parties have 14 days after service of this recommendation to serve and file specific, written objections. A party’s failure to serve and file specific, written objections waives de novo review of the recommendation by the district judge, Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 14748 (1985), and also waives appellate review of both factual and legal questions. Makin v. Colorado Dept. of Corrections, 183 F.3d 1205, 1210 (10th Cir. 1999); Talley v. Hesse, 91 F.3d 1411, 1412-13 (10th Cir. 1996). A party’s objections to this recommendation must be both timely and specific to preserve an issue for de novo review by the district court or for appellate review. United States v. One Parcel of Real Property, 73 F.3d 1057, 1060 (10th Cir. 1996). Dated September 11, 2012. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 2

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