MEMORANDUM OF OPINION AND ORDER
NUGENT, District Judge.
This case is before this Court upon the Federal Defendant's Motion to Dismiss and/or Motion for Summary Judgment. (Doc. # 6). Plaintiff has filed both a Memorandum in Response (Doc. # 14) and a Memorandum in Opposition to Defendant's Motion to Dismiss and/or Motion for Summary Judgment. (Doc. # 39). The matter is now fully briefed and ready for decision by this Court.
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