MEMORANDUM ORDER
LODGE, District Judge.
Pending before the Court are Respondent's Motion for Summary Dismissal (Docket No. 25) and Petitioner's Request to Take Judicial Notice (Docket No. 44). The parties have briefed the issues. The Court previously gave Petitioner permission to file a substitute amended brief, but he declined to do so. Oral argument on the pending Motions is unnecessary. Having reviewed the record in this case, and
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