MEMORANDUM OPINION AND ORDER
WINGATE, District Judge.
Before the court are two motions filed by the parties to the action. The pro se plaintiff, Billy G. Lynch, has filed a motion for summary judgment pursuant to Rule 56(a) and (c), Federal Rules of Civil Procedure. The defendant, Anthony M. Frank, has filed a motion to dismiss pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure or, alternatively, for summary judgment pursuant to Rule 56(b...
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