District Court, D. Utah April 26, 1995, 94-C-400-S (Lambertsen v. Utah Department of Corrections)

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MEMORANDUM DECISION

SAM, District Judge.

I.INTRODUCTION

The court has before it defendants’ Motion to Dismiss, pursuant to Fed.R.Civ.P. 12(b)(1), (2) and (6). Because matters outside the pleadings are presented and not excluded, the court treats defendants’ motion, in part, as one for summary judgment under Fed. R.Civ.P. 56.