MEMORANDUM DECISION and ORDER
WINMILL, Chief Judge.
INTRODUCTION
The Court has before it a motion to dismiss filed by defendants Jeff Foss, the Director of the Snake River Office of the United States Fish and Wildlife Service (FWS) and the FWS (hereinafter referred to collectively as the FWS). The Court heard oral argument on January 26, 2005, and the motion is now at issue. For the reasons expressed below, the Court will grant the motion.
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