ORDER
WILLIAM E. SMITH, District Judge.
The Report and Recommendation of United States Magistrate Judge Lincoln D. Almond filed on January 31, 2008, in the above-captioned matter is accepted pursuant to Title 28 United States Code § 636(b)(1). No objection having been filed, Defendant's Motion to Dismiss Plaintiff's Complaint pursuant to Fed.R.Civ.P. 12(b)(6)is DENIED. Counts I and II of Plaintiff's Complaint shall be construed to state claims...
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