MEBUIN v. UNITED STATES OF AMERICA et al

Filing 73

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying 62 Motion to Dismiss,, filed by MICHAEL OJILADE, DR. ANNICETTE, DR. BROWN, 66 Report and Recommendations, Signed by Judge Jose L. Linares on 10/1/15.

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY REVEL MEBUIN, Civil Action No. 13-446 (JLL) (JAD) Plaintiff, ORDER v. UNITED STATES OF AMERICA, et al., Defendants. Pending before the Court is Dr. Kahn Brown, Advanced Practice Nurse ("APN") Michael Ojelade, and Dr. Lionel Annicette's (collectively, "Defendants") motion to dismiss Plaintiffs claims for failure to provide an affidavit of merit and, in tum, failure to state a claim pursuant to N.J.S.A. § 2A:53A-27 and N.J.S.A. § 2A:53A-29, respectively. (ECF No. 62.) For the reasons set forth in the Court's corresponding Opinion, IT IS on this '2015, ORDERED that this Court ADOPTS the findings of fact and conclusions of law in Magistrate Judge Dickson's Report and Recommendation (D.E. No. 66) as the Opinion of this Court; and it is further ORDERED that Defendants' Motion to Dismiss (ECF No. 62) DENIED without prejudice. IT IS SO ORDERED.

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