ORDER MODIFYING AND ADOPTING THE REPORT AND RECOMMEDATION OF THE MAGISTRATE JUDGE
PITTMAN, Senior District Judge.
After due and proper consideration of all portions of this file deemed relevant to the issues raised, with no objections filed, the Report and Recommendation of the Magistrate Judge made pursuant to 28 U.S.C. § 636(b)(1)(B) and dated August 3, 2004 (doc. 17), is hereby MODIFIED and ADOPTED as the opinion of this court.
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