MEMORANDUM AND ORDER
CROW, Senior District Judge.
This 42 U.S.C. § 1983 civil rights case comes before the court on the defendant Frank Diehl's motion to dismiss complaint (Dk.180). Though this motion has been fully briefed for some time, the court's docket has kept it from rendering a timely decision. The court apologizes for this unavoidable delay.
The plaintiff appearing pro se has sued Frank Diehl in his individual capacity
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