MEMORANDUM OPINION
ELLEN SEGAL HUVELLE, District Judge.
Before the Court is defendant's motion pursuant to Federal Rules of Civil Procedure 12(b)(6) and 56 to dismiss or, alternatively, for summary judgment. (See Def.'s Mot. to Dismiss Or, Alternatively for Summ. J., July 19, 2010 [dkt. 10].) On July 26, 2010, the Court issued an Order in accordance with Fox v. Strickland,
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