Allen

I. Facts

Allen was employed by Gold Country Casino as a surveil- lance supervisor. Gold Country Casino is a tribal entity formed by a compact between the federally recognized Tyme Maidu Tribe and the State of California. The Casino is wholly owned and operated by the Tribe. Allen contends he was dis- charged in retaliation for reporting rats in the Casino’s restau- rant and for applying to “the white man’s court” for guardianship of three tribal children.

Allen obtained a right to sue letter from the Equal Employ- ment Opportunity Commission and, proceeding pro se, filed this action in federal district court. Allen named as defendants 17120 ALLEN v. GOLD COUNTRY CASINO the Casino, the Tribe, Mattie Mayhew, and John Does 1 thru 300, against whom he asserted various employment, civil rights, and conspiracy claims. The magistrate judge recom- mended that the claims against the Tribe be dismissed on the ground of sovereign immunity. The magistrate judge assumed without analysis that the Tribe’s immunity extended to the Casino. The magistrate judge found that the only remaining claim was for false accusations against Mayhew. He recom- mended dismissal for lack of subject…