District Court, District of Columbia September 13, 2010, Civil Action 10-0218 (ESH) (Townsend v. Mabus)

MEMORANDUM OPINION

ELLEN SEGAL HUVELLE, District Judge.

Before the Court is defendant’s motion pursuant to Federal Rules of Civil Procedure 12(b)(6) and 56 to dismiss or, alternatively, for summary judgment.

(See

Def.’s Mot. to Dismiss Or, Alternatively for Summ. J., July 19, 2010 [dkt. 10].) On July 26, 2010, the Court issued an Order in accordance with

Fox v. Strickland,

837 F.2d 507 (D.C.Cir.