MEMORANDUM AND ORDER GRANTING MOTION TO DISMISS
HOYT, District Judge.
The Court considers the defendants' motion to dismiss the plaintiff's complaint for failure to state a claim upon which relief can be granted. Based upon a review of the complaint and the facts as alleged by the plaintiff, as well as the responses and briefs by both parties, the Court grants the defendants' motion to dismiss.
I. Statement of Facts and Procedural History
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