Mark Wilson v. Candace Wheeler
Opinion
Opinion
MEMORANDUM
Oregon state prisoner Mark James Wilson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights in connection with his hearing before the Oregon Board of Parole and Post-Prison Supervision. 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 may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm.
The district court properly dismissed Wilson’s constitutional claims against defendants in their official capacities because those claims are barred by the Eleventh Amendment. See Flint v. Dennison, 488 F.3d 816, 824-25 (9th Cir.2007) (state officials sued for damages in their official capacities are entitled to Eleventh Amendment immunity); see also Green v. Mansour, 474 U.S. 64, 67-69 , 106 S.Ct. 423 , 88 L.Ed.2d 371 (1985) (distinguishing claims for prospective and retrospective relief and explaining that claims for retrospective relief are barred by the Eleventh Amendment).