MEMORANDUM OPINION
KATZ, Senior District Judge.
Pending before this Court is the Report and Recommendation ("R & R") of Magistrate Judge Kenneth S. McHargh filed July 18, 2005 (Doc. No. 15), as to which Petitioner, Lawrence Walls ("Walls" or "Petitioner") filed objections (Doc. No. 18) and Respondent, Kelleh Konteh, ("Konteh" or "Warden") has filed an opposition to those objections (Doc. 21). In accordance with Hill v. Duriron Co.,
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