Thank you for your new question.
The objections go to the judge and it is up to the judge to decide to send it back to the magistrate or to hold a hearing in the court before the judge.
You can file a motion to dismiss at any time before the decision is rendered. The decision though on your objections is up to the judge who gets the objections and the magistrate report and reviews them and decides if the magistrate needs to have a hearing to reconsider or if the judge himself is going to hear the objections on the report.
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