ORDER
ELFVIN, Senior District Judge.
The Honorable Leslie G. Foschio, a Magistrate Judge in this judicial district, having conducted all proceedings necessary to determine the merits of the factual and legal issues presented by this action, pursuant to this Court's referral under 28 U.S.C. § 636(b)(1)(B) and having on November 12, 2003 filed his Report and Recommendation concerning such and no objection thereto having been made, it is hereby
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