ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the court on July 18, 2002, with copies to counsel, his Recommended Decision on Cross-Motions for Summary Judgment. The time within which to file objections expired on August 5, 2002, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The defendant's motion for summary judgment is GRANTED and the plaintiff's motion for summary judgment is DENIED.