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PETTIT v. NEW MEXICO

No. CIV. 04-1063 JB/RHS.

375 F.Supp.2d 1140 (2004)

Michael Jude PETTIT, individually, and on behalf of all persons similarly situated, Plaintiff, v. State of NEW MEXICO, Defendant.

United States District Court, D. New Mexico.

December 20, 2004.

Attorney(s) appearing for the Case

Michael Jude Pettit, Portales, NM, for Plaintiff pro se.

Patricia A. Madrid, Attorney General of New Mexico, David J. Tourek, David Thomson, Assistant Attorneys General, Albuquerque, NM, for the Defendant.

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant's Motion to Dismiss Complaint, filed November 1, 2004 (Doc. 10). The Court held a hearing on this motion on December 7, 2004.1 The primary issues are whether the Eleventh Amendment precludes Plaintiff Michael Jude Pettit's case directly against the Defendant State of New Mexico and whether Pettit has...

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