ORDER
HERMAN J. WEBER, District Judge.
This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 10) and the parties' responses thereto (doc. nos. 11 and 12). The Magistrate Judge concluded that because plaintiff's emotional distress has, as its origins, the fear of a nonexistent physical peril, Heiner v. Moretuzzo,
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