OPINION
FRYE, District Judge:
The matters before the court are:
1) the motion (# 21-1) of defendants, George Killinger and the United States of America (the government), to dismiss the complaint of plaintiff, Douglas Gary Housley, for failure to exhaust administrative remedies or for failure to state a claim upon which relief can be granted; and
2) the alternative motion (# 21-2) of the government for summary judgment.
BACKGROUND...
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