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Case 1:05-cv-00325-JMS-BMK Document 35 Filed 01/25/2006 Page 1 of 24 <br /> IN THE UNITED STATES DISTRICT COURT <br /> FOR THE DISTRICT OF HAWAII <br /> DAN A. COLE, ) CIVIL NO. 05-00325 JMS/BMK <br /> Plaintiff, ) <br /> VS. ) ORDER GRANTING <br /> DEFENDANTS' MOTIONS TO <br /> STATE OF HAWAI`I, COUNTY OF ) DISMISS PLAINTIFF'S SECOND <br /> HAWAII, JOHN DOE 1-50, JANE ) AMENDED COMPLAINT <br /> DOE 1-10, DOE CORPORATIONS ) <br /> 1-10, DOE PARTNERSHIPS 1-10, ) <br /> DOE GOVERNMENT AGENCIES ) <br /> 1-10, ) <br /> Defendants. ) <br /> ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S <br /> SECOND AMENDED COMPLAINT <br /> 1. INTRODUCTION <br /> Defendants State of Hawaii ("State") and County of Hawaii <br /> ("County") have moved this court to dismiss the Second Amended Complaint filed <br /> by plaintiff Dan A. Cole. The court concludes that all of Cole's claims against the <br /> State are barred by the Eleventh Amendment to the United States Constitution. <br /> The court further concludes that all of Cole's claims against the County are barred <br /> by the applicable statutes of limitations or because they fail to state a claim upon <br />