Bagley v. United States

MEMORANDUM AND ORDER

John M. Gerrard, United States District Judge

This matter is before the Court on the defendant’s motion to dismiss (filing 7), the *833Magistrate Judge’s Findings and Recommendation (filing 13) recommending that the motion be granted, and the plaintiffs objection (filing 14) to the findings and recommendation. Having conducted a de novo review of the record pursuant to 28 U.S.C. § 636(b)(1)(C), the Court will sustain the plaintiffs objection. Accordingly, the Court will deny the defendant’s motion to dismiss.

BACKGROUND

The plaintiff underwent surgery at Barksdale Air Force Base…