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1The Honorable Daniel L. Hovland, Chief Judge, United States District Court
for the District of North Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-1011
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Anthony Wyatt Graves, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of North Dakota.
North Dakota State Penitentiary, *
* [UNPUBLISHED]
Appellee. *
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Submitted: May 5, 2006
Filed: May 17, 2006
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Before MELLOY, FAGG, and BENTON, Circuit Judges.
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PER CURIAM.
Anthony Graves appeals the district court’s1 dismissal of his 42 U.S.C. § 1983
complaint against the North Dakota State Penitentiary (NDSP). We hold that
dismissal was proper regarding the claims for damages because NDSP has Eleventh
Amendment immunity from suit. See P.R. Aqueduct & Sewer Auth. v. Metcalf &
Eddy, Inc., 506 U.S. 139, 144 (1993). Regarding the claims for injunctive relief, we
reach the merits and summarily affirm the judgment of the district court. See Eighth
Cir. Rule 47A(a). ______________________________
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