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Usher claims he wants those herpes lawsuits tossed out, because the woman suing him has no proof he gave her anything … TMZ has learned.

In Usher’s legal docs, obtained by TMZ, he says, “A previous sexual partner very well may have already infected her.”

And, Usher says, she could have contracted the STD after their alleged encounter.

He also says she assumed the risk of getting herpes by having “casual, unprotected sexual intercourse and/or oral sex.”

He’s asking the judge to throw out her lawsuit.

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