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31 F. App'x 566

Smith v. Oregon

U.S. Courts of Appeals

Decided March 21, 2002

U.S. Courts of Appeals · decided 2002-03-21

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Tworivers v. Lewis · Oregon Short Line Railroad Company v. Department of Revenue Oregon · Chroma Lighting v. GTE Products Corp.

Decided 2002-03-21

¶1MEMORANDUM

¶2Darrell D. Smith and two other Oregon residents appeal pro se the district court’s order dismissing their 42 U.S.C. § 1983 action for failure to state a claim. We review de novo. TwoRivers v. Lewis, 174 F. 3d 987, 991 (9th Cir.1999). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

¶3Appellants contend that the Oregon Vehicle Code and its enforcement by state officials are unconstitutional. The district court properly dismissed this action under the Eleventh Amendment because the State of Oregon has not consented to suit. See Quillin v. Oregon, 127 F.3d 1136, 1138 (9th Cir.1997) (per curiam); Oregon Short Line R.R. Co. v. Dep’t of Revenue Oregon, 139 F.3d 1259, 1263 (9th Cir.1998) (holding Eleventh Amendment bars suits against state by its own citizens).

¶4AFFIRMED.

¶5 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

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