ORDER ADOPTING AND MODIFYING THE MJ'S RECOMMENDATION
PITTMAN, Senior District Judge.
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated March 1, 1995, is ADOPTED as the opinion of this court with the following modification:
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