ABDALLA v. ASHCROFT

JOHN T. ELFVIN, Senior District Judge

The Honorable Leslie G. Foschio, a Magistrate Judge in this judicial district, having conducted all proceedings necessary to determine the merits of the factual and legal issues presented by this action, pursuant to this Court's referral under 28 U.S.C. § 636(b)(1)(B) and having on October 14, 2004 filed his Report and Recommendation concerning such and no objection thereto having been made, it is hereby

ORDERED that the Report and Recommendation is confirmed in its entirety, that respondent's motion to dismiss is granted and that the petitioner's motion for summary judgment denied.