MEMORANDUM AND ORDER
McNAUGHT, District Judge.
At the hearing on petitioner's objections to the report and recommendation of the Magistrate, a "bench memorandum", summarizing the arguments of both parties as disclosed in the materials, briefs, and pleadings, was read into the record without objection or correction by either party. That memorandum, now contained in the notes of the court reporter, reads as follows:
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