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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND RUSSELL EBERSOLE v. UNITED STATES OF AMERICA : : : : : : o0o MEMORANDUM Pending is defendant's motion to dismiss or for summary judgment. (Paper No. 12.) Plaintiff has filed a response in opposition to the motion. (Papers No. 17, 19 and 20.) Upon review of the papers filed, the court finds a hearing in this matter unnecessary. See Local Rule 105.6 (D.
Md. 2008). For the reasons stated below, defendant's motion, construed as a motion for summary judgment, shall be granted.

Civil Action No. CCB-08-148

BACKGROUND

Plaintiff alleges he was infected with MRSA1 while he was a patient at the Bureau of Prisons ("BOP") Federal Medical Center in Lexington, Kentucky ("FMC-Lexington"), where he was admitted for treatment of aortic stenosis.2 Plaintiff claims he began experiencing symptoms "consistent with moderate to severe aortic stenosis and a blocked X-1 artery" in July 2006, after he fainted while running on a track at the Federal Correctional Institution in Cumberland, Maryland ("FCI-Cumberland"). (Paper No. 1

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