MEMORANDUM OPINION ON DEFENDANT'S MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT
BERNICE BOUIE DONALD, District Judge.
Defendant Secretary of Veterans Affairs James B. Peake ("Defendant") filed a motion to dismiss or in the alternative for summary judgment on December 7, 2009. (D.E. #35.) On January 11, 2010, Plaintiff Richard P. Johnson ("Plaintiff") filed a response in opposition to Defendant's motion. By order dated June 1, 2010, the Court denied Defendant...
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