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Yasin v. Coulter

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 16, 2009

BILAL ABDUL YASIN, PLAINTIFF,
v.
CHAD COULTER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

ORDER

This matter is before the court on defendant California Department of Alcoholic Beverage Control's motion to dismiss because it is immune from suit in federal court pursuant to the Eleventh Amendment. Plaintiff Bilal Abdul Yasin does not oppose the motion to the extent it is entered without prejudice to his right to refile in a court of competent jurisdiction. After a review of the submissions and in light of plaintiff's non-opposition, defendant's motion to dismiss is GRANTED without prejudice. See Freeman v. Oakland Unified Sch. Dist., 179 F.3d 846, 847 (9th Cir. 1999) ("Dismissals for lack of jurisdiction should be without prejudice so that a plaintiff may reassert his claim in a competent court.") (internal quotations omitted).

IT IS SO ORDERED.

20090116

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