United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 99-2840 ___________

Larry D. Turner, * * Appellant, * Appeal from the United States * District Court for the v. * Western District of Arkansas. * Arkansas Mental Health Department, * [UNPUBLISHED] * Appellee. * ___________

Submitted: September 22, 1999 Filed: September 30, 1999 ___________

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

Larry D. Turner appeals from the district court’s1 28 U.S.C. § 1915(e)(2)(B) dismissal of his complaint. Having carefully reviewed the record and Turner’s brief, we conclude the district court correctly dismissed the complaint because the Arkansas Department of Mental Health, the only named defendant, is immune from suit. Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.

1 The HONORABLE JIMM LARRY HENDREN, Chief Judge, United States District Court for the Western District of Arkansas, adopting the report and recommendations of the HONORABLE BOBBY E. SHEPHERD, United States Magistrate Judge for the Western District of Arkansas. A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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