ORDER
O'TOOLE, District Judge.
The magistrate judge to whom this matter was referred has filed a report and recommendation with respect to the respondent's Motion (dkt. no. 6) to Dismiss for failure to state a claim. After carefully reviewing the pleadings, the parties' motion papers, and the report and recommendation itself, I adopt the report and recommendation of the magistrate. Accordingly, the claims are dismissed, with the exception of the portion...
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