ORDER
ROY, District Judge.
Before the Court is the defendant's Motion to Dismiss Plaintiff's Complaint. All of the other defendants that were originally named in the pleadings have been dismissed by separate order. The Court construes this motion as one under Fed.R. Civ.P. 12(b)(6) for failure to state a claim under which relief can be granted, and since affidavits are being considered by the Court, the motion will be treated as one for summary judgment...
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