RULING AND ORDER
MARK R. KRAVITZ, District Judge.
Pending before the Court is Defendants' Motion to Dismiss [doc. # 13] and Mr. Burke's Motion to Appoint Counsel [doc. # 5]. In their motion, Defendants argue that Mr. Burke's claims should be dismissed under Federal Rules of Civil Procedure 12(b)(1), for lack of subject matter jurisdiction, and 12(b)(6), for failure to state a claim. Having considered the parties'
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