ORDER
HAYES, District Judge.
The matter before the Court is the review of the Report and Recommendation (ECF No. 18) issued by United States Magistrate Judge David H. Bartick, recommending that Plaintiff's Motion for Summary Judgment (ECF No. 12) be denied and Defendant's Cross-Motion for Summary Judgment (ECF No. 16) be granted.
BACKGROUND
I. Plaintiff's Previous Federal Action
On July 3, 2007, Plaintiff filed an initial application...
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