MEMORANDUM OPINION AND ORDER ON PENDING MOTIONS TO DISMISS
KANE, Senior District Judge.
The Plaintiff, Theodore M. Smith, filed this case in the District Court, Boulder County, Colorado, on February 19, 1999. Defendants removed it to this court on March 11, 1999. Jurisdiction exists over the third claim for relief under 28 U.S.C. § 1331 (federal question) and 42 U.S.C. § 1983
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