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STEELE v. WALTER

February 13, 1998

EDDIE STEELE, Petitioner,
v.
HANS G. WALTER, Superintendent, Auburn Correctional Facility, Respondent.



The opinion of the court was delivered by: ARCARA

 The above-referenced case was referred to Magistrate Judge Carol E. Heckman pursuant to 28 U.S.C. § 636(b)(1)(B), on March 18, 1997. On October 16, 1997, Magistrate Judge Heckman filed a Report and Recommendation, recommending that respondent's motion to dismiss be granted.

 The Court having carefully reviewed the Report and Recommendation, the record in this case, as well as the pleadings and materials submitted by the parties; and no objections having been timely filed, it is hereby

 ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Heckman's Report and Recommendation, respondent's motion to dismiss is granted. The Clerk of the Court is directed to enter judgment in favor of defendant take steps necessary to close the case.

 IT IS SO ORDERED.

 HONORABLE RICHARD J. ARCARA

 UNITED STATES DISTRICT COURT

 Dated: February 13, 1998

19980213

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