MEMORANDUM AND ORDER
EARL E. O'CONNOR, Chief Judge.
This matter is before the court on the motion to dismiss of defendants J. Dewey Smith (hereinafter "Smith"), Betty Kimball, Alfred Mettenburg, Donald Sellers, and David Drumright. Because the defendants' supporting memorandum and plaintiff Sandra K. Staneart's (hereinafter "Staneart") opposing memorandum refer to matters beyond the pleadings, the court will consider the motion as a motion for summary judgment...
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