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SIMRIN v. CORRECTIONAL MEDICAL SERVICES

United States District Court, D. New Jersey, Camden Vicinage.
Feb 24, 2006
ORDER

ROBERT KUGLER, Magistrate Judge

THESE MATTERS having come before the Court upon motion by (1) Defendant New Jersey Department of Corrections ("NJDOC") to dismiss Plaintiff's Complaint for failure to state a claim, and (2) Defendants Correctional Medical Services, Dr. Abu Ahsan, Dr. Richard Hellander, Marie Perkins, and Dr. Philip Slonim (collectively "CMS Group") to dismiss Plaintiff's Complaint for failure to state a claim; and the Court having considered the motion papers; and there being no opposition thereto; and for the reasons set forth in the Opinion issued this date;

IT IS HEREBY ORDERED that NJDOC's motion to dismiss is GRANTED, and that all claims against NJDOC are barred by the Eleventh Amendment and must be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(1); and

IT IS FURTHER ORDERED that the CMS Group's motion to dismiss is GRANTED, and that all claims against "CMS Nurses" are dismissed because "CMS Nurses" is not a legal entity subject to suit.