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Clayton S. CREEK, Appellant, v. SOUTH DAKOTA DEPARTMENT OF CORRECTIONS; South Dakota State Penitentiary, Appellees

United States Court of Appeals for the Eighth Circuit2002-05-03No. No. 02-1712
33 F. App'x 250

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Opinion

majority opinion

PER CURIAM.

South Dakota inmate Clayton S. Creek appeals the district court’s 28 U.S.C. §§ 1915(e)(2)(B) and 1915A dismissal without prejudice of his 42 U.S.C. § 1983 action. Having carefully reviewed the record, we agree with the district court that the only named defendants-the South Dakota Department of Corrections and the South Dakota State Penitentiary-are entitled to Eleventh Amendment immunity from Creek’s suit. See P.R. Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 144, 113 S.Ct. 684, 121 L.Ed.2d 605 (1993).

Accordingly, the judgment of the district court is affirmed. See 8th Cir. R. 47B. We also deny the pending motion.

A true copy.

. The Honorable John B. Jones, United States District Judge for the District of South Dakota.