LACY THORNBURG, District Judge
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation of this Court, United States Magistrate Judge Dennis L. Howell was designated to consider pending motions in the captioned civil action and to submit to this Court recommendations for the disposition of these motions.
On December 10, 2004, the Magistrate Judge filed a Memorandum and Recommendation in this case containing proposed findings of fact and conclusions of law in support of a recommendation regarding the Plaintiff's motion for summary judgment. Counsel for the parties were advised that any objections to the Magistrate Judge's findings were to be filed in writing within ten (10) days after service of the Recommendation. Taking into account the three-day service by mail provision and the exclusion of Saturdays and Sundays required by Fed.R.Civ.P. 6, the period within which to file objections expired on December 30, 2004. No written objections to the Magistrate Judge's Memorandum and Recommendation have been filed.
After a careful review of the Magistrate Judge's Recommendation, the Court finds that the proposed findings of fact are supported by the record and that the proposed conclusions of law are consistent with current case law. Accordingly, the Court hereby accepts the Magistrate Judge's Recommendation that the Plaintiff's motion for summary judgment be allowed and the declaratory judgment sought be allowed.
IT IS, THEREFORE, ORDERED that Plaintiff's motion for summary judgment is ALLOWED; a declaratory judgment is filed herewith.