ORDER: (1) GRANTING DEFENDANTS' MOTION TO DISMISS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6); AND (2) DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
STOTLER, Chief Judge.
I.
PROCEDURAL BACKGROUND
On August 8, 2006, defendants filed a Motion to Dismiss Complaint Pursuant to
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