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STANLEY v. U.S.

No. CIV.A. 1:03CV187.

321 F.Supp.2d 805 (2004)

Kenneth B. STANLEY Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. West Virginia.

June 18, 2004.

Attorney(s) appearing for the Case

Timothy R. Miley, Romano & Miley, Clarksburg, WV, for Kenneth B. Stanley, plaintiff.

Daniel W. Dickinson, Jr., AUSA, United States Attorney, Wheeling, WV, for USA, defendant.

ORDER GRANTING MOTION TO DISMISS

KEELEY, District Judge.

This matter comes before the Court on the defendant's motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure filed on February 17, 2004. This motion is fully briefed and ripe for review. For the following reasons, the Court GRANTS the defendant's motion WITHOUT PREJUDICE.

I. Procedural History

The plaintiff, Kenneth...

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