GRAVEN v. ARIZONA (2020)

United States Court of Appeals, Ninth Circuit.

William A. GRAVEN, named as Will Graven, Plaintiff-Appellant, v. State of ARIZONA, Defendant-Appellee.

No. 20-15110

Decided: December 16, 2020

Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.

William A. Graven, Pro Se Mark C. Dangerfield, Esquire, Attorney, Kevin E. O'Malley, Esquire, Gallagher & Kennedy, P.A., Phoenix, AZ, for Defendant-Appellee

MEMORANDUM **

William A. Graven appeals pro se from the district court's judgment dismissing his action alleging federal claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on the basis of Eleventh Amendment immunity. Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004). We affirm.

The district court properly dismissed Graven's action against the State of Arizona as barred by the Eleventh Amendment. See Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984) (Eleventh Amendment immunity applies to states and their agencies or departments “regardless of the nature of the relief sought”).

All pending motions are denied.

AFFIRMED.

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