UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

DENNIS LEON SMITH,

Plaintiff-Appellant,

v.

GARTH L. NIESCHBURG; LARRY PORTER; WILLIAM MICHAEL PORTER; MARK P. MANUEL; JOHN AND JANE DOE,

Defendants-Appellees.

No. 03-1499

(D.C. No. 03-D-112 (PAC))

(D. Colo.)

ORDER AND JUDGMENT*

Before McCONNELL, HOLLOWAY, and PORFILIO, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Plaintiff Dennis Leon, Smith,1 proceeding pro se, filed what he described as a mandamus action directed at defendants involved with the adjudication of his various traffic violations. The case was assigned to a magistrate judge who recommended all claims against all defendants be dismissed. The magistrate judge's recommendation, adopted by the district court, warned plaintiff, "[f]ailure 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." R. Doc. 22 at 9. Plaintiff failed to object to the magistrate judge's recommendation and has thus waived appellate review of both the factual and legal determinations of the district court. Key Energy Res. Inc. v. Merrill (In re Key Energy Res. Inc.), 230 F.3d 1197, 1199-1200 (10th Cir. 2000). The interests of justice exception to this waiver rule is not applicable here. See id. at 1200.

This appeal is DISMISSED. The mandate shall issue forthwith.

Entered for the Court

John C. Porfilio

Circuit Judge