Phillip Mizrach v. US

Filing 920091023

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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