Magiera

MEMORANDUM *

Plaintiffs appeal the district court’s dismissal without prejudice of their suit against William Bills and Secretary of the Interior Gale Norton, in her official capacity, for actions arising out of a dispute over the governance of the Winnemucea Indian Colony in Winnemucea, Nevada. We affirm the district court. Plaintiffs have not demonstrated that the United States has unequivocally waived its sovereign immunity, and Plaintiffs have not pursued their claims against Bills on appeal. The facts are known to the parties and we do not recite them.

We review de novo dismissals based on sovereign immunity, Orff v. United States, 358 F.3d 1137, 1142 (9th Cir.2004), and dismissals for lack of subject matter jurisdiction. Kildare v. Saenz, 325 F.3d 1078, 1082 (9th Cir.2003). “A district court’s findings of fact relevant to its determination of subject matter jurisdiction are reviewed for clear error.” United States v. Peninsula Communications, Inc., 287 F.3d 832, 836 (9th Cir.2002).

I. Federal Defendant Norton

With respect to Norton, Plaintiffs have failed to meet their burden of “showing an unequivocal waiver of [sovereign] immunity.” Baker v. United States, 817 F.2d…