MEMORANDUM OPINION AND ORDER
CALDWELL, District Judge.
This matter is before the Court upon the defendant's motion, by counsel, to dismiss or for summary judgment [Record No. 17]; the plaintiff has filed several responses [Record Nos. 19, 20, 22]; and the defendant has submitted a reply [Record No. 21].
BACKGROUND
On October 16, 2001 Antonio Montalvo, incarcerated in the Federal...
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