District Court, D. Massachusetts April 30, 1997, Civil Action No. 96-30067-MAP (David v. United States)

PONSOR, District Judge.

Upon de novo review this Report and Recommendation are hereby adopted. Defendant’s motion (Dkt. No. 8) is hereby ALLOWED, and plaintiffs motion (Diet. No. 11) is DENIED. Plaintiffs suit cannot survive the letter and spirit of Brockamp.

So Ordered.

The elerk is hereby ordered to enter judgment for the defendant.