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RENEE STEPHENS, Plaintiff-Appellant, v. OREGON DRIVER AND MOTOR VEHICLES SERVICES DIVISION, (DMV) a Division of the Oregon Department of Transportation, Defendant-Appellee.
MEMORANDUM*
Renee Stephens appeals pro se from the district court's judgment in his 42 U.S.C. § 1983 action alleging a due process claim and a violation of 18 U.S.C. § 1028. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998). We affirm.
The district court properly dismissed Stephens' action against the State of Oregon on the basis of Eleventh Amendment immunity. See Krainski v. Nev. ex. rel. Bd. of Regents of Nev. Sys. of Higher Educ., 616 F.3d 963, 967 (9th Cir. 2010) (Eleventh Amendment bars suits against the State, its agencies, and state officials sued in their official capacities).
We reject as without merit Stephens' contention that the district court should have construed his complaint as requesting injunctive relief.
AFFIRMED.
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Docket No: No. 15-35456
Decided: January 30, 2017
Court: United States Court of Appeals, Ninth Circuit.
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