MEMORANDUM AND ORDER
RUSHFELT, United States Magistrate Judge.
Before the court is Defendant's Motion to Dismiss, or Alternatively, For Summary Judgment (doc. 37). Pursuant to Fed. R.Civ.P. 12(b)(1), defendant Marvin T. Runyon seeks an order dismissing the complaint of plaintiff for lack of subject matter jurisdiction. Alternatively, he seeks, pursuant to Fed.R.Civ.P. 56(b) and D.Kan. Rule 56.1, an order granting summary judgment in his favor on the...
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