District Court, S.D. Ohio June 27, 2001, C-1-00-769 (McEntee v. Henderson)

ORDER

SPIEGEL, Senior District Judge.

This matter is before the Court on Defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction and the Failure to State a Claim Upon Which Relief Can Be Granted, or in the Alternative, for Summary Judgment (doc. 5); Plaintiffs Response (doc. 9); Defendants’ Reply (doc. 12); Defendants’ Motion to Strike Plaintiffs Demand for a Jury Trial (doc.