MEMORANDUM AND ORDER
CONABOY, District Judge.
We have received a Magistrate's Report in the above-captioned matter. This Report includes a recommendation as to the proper disposition of this case. Neither party has excepted to the Magistrate's assessment and the time allotted for doing so has run. We have considered the Magistrate's Report and the case file in reaching our decision herein.
Both parties have moved for summary judgment pursuant to...
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