MEMORANDUM AND ORDER
STIEHL, District Judge:
Before the Court is a Report and Recommendation of United States Magistrate Philip M. Frazier that respondent's motion to dismiss be granted and petitioner's request for appointment of counsel be denied. Petitioner has filed objections to the magistrate's report; therefore, the Court will make a de novo review of those portions of the record to which objections were made, pursuant to 28 U.S.C. sec. 636(b)(1)....
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