Phillip Mizrach v. US

Filing 920091023

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1415 PHILLIP MIZRACH, as Successor Personal Representative the Estate of Abraham I. Kurland, Deceased, Plaintiff Appellant, v. UNITED STATES OF AMERICA, Defendant Appellee. of Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (1:08cv-02030-AMD) Submitted: October 20, 2009 Decided: October 23, 2009 Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge. NIEMEYER, Circuit Judge, and Affirmed by unpublished per curiam opinion. Phillip Mizrach, Appellant Pro Se. Thomas Harold Barnard, Allen F. Loucks, Assistant United States Attorneys, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Phillip Mizrach, as personal representative of the Estate of Abraham I. Kurland, appeals from the district court's orders dismissing filed without prejudice to the his medical Tort malpractice Act, 28 complaint pursuant Federal Claims U.S.C. 1346(b), 2671-2680 (2006), and denying his motion for reconsideration. reversible error. We have reviewed the record and find no Accordingly, we affirm for the reasons stated Mizrach v. United States, No. 1:08-cvWe dispense by the district court. 02030-AMD (D. Md. Feb. 17, 2009 & Mar. 11, 2009). with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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