OPINION AND ORDER
GEORGE C. SMITH, District Judge.
This matter is before the Court upon a motion for dismissal of plaintiff's Complaint on the ground that the plaintiff's Complaint fails to state a claim upon which relief can be granted and that this Court does not have subject-matter jurisdiction over the claims alleged. The motion is brought pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(h)(3), respectively.
FACTS
Plaintiff...
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