ORDER GRANTING PARTIAL SUMMARY JUDMENT
THOMAS O. RICE, District Judge.
BEFORE THE COURT are Defendant Michael Hisey's Motion for Summary Judgment (ECF No. 6) and Plaintiff Joseph Olvera's "Request for Judicial Notice of Adjudicative Facts on Return of Service" (ECF No. 26). These matters were heard without oral argument on June 11, 2012. The Court has reviewed the motions, the responses, and the replies, and is fully informed.
BACKGROUND
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