MEMORANDUM OPINION
PAYNE, District Judge.
Pursuant to 28 U.S.C. § 636(b)(1)(B), this action was referred for Report and Recommendation on the merits of the defendant's motion to dismiss. The Report and Recommendation was filed on July, 23, 2001, and the defendant timely objected to the it.
STATEMENT OF FACTS
Curtis Lee Morton, a resident of Virginia, was struck by an automobile while driving in Chesterfield County, Virginia. Patricia...
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