Eugene Mauwee v. Jack Palmer

MEMORANDUM

Nevada state prisoner Eugene A. Mauwee appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various claims arising from the confiscation of an eagle talon that he believed to be a Native American religious artifact. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. §§ 1915A or 1915(e)(2)(B)(ii). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We may affirm on any ground supported by the record. Johnson v. Riverside Healthcare Sys., 534 F.3d 1116, 1121 (9th Cir.2008). We affirm in part, vacate in part, reverse in part, and remand.

Dismissal of Mauwee’s claims against the State of Nevada, the Nevada Department of Corrections, and state officials in their official capacities was proper because these defendants are entitled to immunity under the Eleventh Amendment. See Flint v. Dennison, 488 F.3d 816, 824-25 (9th Cir.2007).

The district court properly dismissed Mauwee’s Eighth Amendment claim against state officials in their individual capacities because he failed to allege how the destruction of the eagle talon…