Case No. 05cv2184 JM (AJB). March 7, 2006 ORDER GRANTING MOTION TO DISMISS; DENYING MOTION FOR SUMMARY JUDGMENT AS MOOT JEFFREY MILLER, District Judge Plaintiff Alton Hornback moves for summary judgment. Defendant United States of America moves to dismiss the complaint for lack or jurisdiction or, alternatively, on res judicata grounds. All motions are opposed. Pursuant to Local Rule 7.1(d)(1), this matter is appropriate for decision without oral argument. For the reasons set forth below, the court