MEMORANDUM DECISION AND ORDER ON THE DEFENDANTS' MOTION TO DISMISS
D. BROCK HORNBY, District Judge.
On August 17, 2009, Culver A. Barr filed a Complaint with this court and a Motion for Leave to Proceed In Forma Pauperis (Docket Items 1 & 3). The next day Magistrate Judge Kravchuk provisionally granted the plaintiff's motion stating that Barr:
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