SVEN HOLMES, District Judge
This matter comes before the Court pursuant to the Report and Recommendation filed by Magistrate Judge Paul J. Cleary on October 19, 2004 (Docket No. 173). In accordance with 28 U.S.C. § 636(b) and Fed.R.Civ.P. 72(b), any objections to the Magistrate Judge's Report and Recommendation must be filed within ten (10) days of the receipt of the report. The Court of Appeals for the Tenth Circuit has adopted a "firm waiver rule" that "provides that the failure to make timely objections to the magistrate's findings or recommendations waives appellate review of both factual and legal questions." United States v. One Parcel of Real Property, 73 F.3d 1057, 1059 (10th Cir. 1996) (quotations omitted); see also In re Key Energy Resources Inc., 230 F.3d 1197 (10th Cir. 2000). The time for filing objections to the Report and Recommendation has expired, and no objections have been filed.
In the instant case, Defendant Apache Corporation filed an Application for Attorney Fees and Related Expenses Against Kaiser-Francis Oil Company and George B. Kaiser on April 16, 2004 (Docket No. 142). The Report and Recommendation of the Magistrate Judge, based in part on a waiver of objection by Kaiser-Francis Oil Company and George B. Kaiser, subject to the right to have the award vacated based on the ultimate decision by the Tenth Circuit Court of Appeals, granted the application in the total amount of $143,320.63.
Based on a review of the Report and Recommendation of the Magistrate Judge, the Court hereby adopts and affirms the Report and Recommendation.
The Court hereby grants Defendant Apache Corporation's Application for Attorney Fees and Related Expenses Against Kaiser-Francis Oil Company and George B. Kaiser, filed April 16, 2004 (Docket No. 142), in the amount of $143,320.63.
IT IS SO ORDERED.