District Court, W.D. New York January 7, 2000, 1:97-cv-00160 (Galvin v. Kelly)

MEMORANDUM and ORDER

ELFVIN, Senior District Judge.

By order dated August 6, 1997, the undersigned referred this action to United States Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1)(B). Upon consideration thereof Judge Foschio filed a Report and Recommendation (“the R & R”) May 18, 1999 recommending dismissal of the pro se Petition by Galvin brought under 28 U.S.C.