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specifics of the prayer at issue given the above ambiguities, and the fact that the parties have not addressed this issue.
Accordingly, IT IS HEREBY RIX'OMMENDED tliat tlic President's motion to dismiss filed May 4, 2001, be granted insofar as plaintiff complains about permitting a chaplain (or the President) from making any prayer at the Presidential inauguration. However, the motion should be denied insofar as plaintiff is attacking the specifics of the prayer as a violation of the Establishment Clause. Further proceedings should ensue on this latter issue.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within ten (10) days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within ten (10) days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst. 951 F.2d 1153 (9th Cir. 1991). DATED: July (7,2001.

^WA
GREGORY K. UNITED S

OLLOWS-,S MAGISTRATE JUDGE

GGH:kj:035 newdow.mdm.wpd
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