UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
July 29, 2008
JOSEPH ARUANNO, PLAINTIFF,
STATE OF N.J., DEFENDANT.
The opinion of the court was delivered by: William J. Martini, U.S.D.J.
Plaintiff having filed a complaint against Defendant alleging only a claim under 42 U.S.C. § 1983; 42 U.S.C. § 1983 not providing a cause of action against a state, such as Defendant; Plaintiff's claim being barred by the Eleventh Amendment; the Court thus lacking jurisdiction to adjudicate Plaintiff's complaint; Defendant now filing a motion to dismiss Plaintiff's complaint; and good cause appearing;
IT IS on this 29th day of July 2008, hereby
ORDERED that Defendant's motion is GRANTED; and it is further
ORDERED that Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE.
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