Raymond Bazell v. the People of the State of Cal
Raymond Bazell v. the People of the State of Cal
Opinion
MEMORANDUM **
Raymond J. Bazell appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional violations in connection with his trial for a violation of section 21453 of the California Vehicle Code. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). Whitaker v. Garcetti, 486 F.3d 572, 579 (9th Cir. 2007). We may affirm on any basis supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir. 2008). We affirm.
Dismissal of Bazell’s § 1983 action was proper because Bazell’s claims against the state of California are 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) (“It is clear ... that in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment”).
Bazell’s request for judgment, filed on June 10, 2013, is denied as moot.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
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