Creveling

MEMORANDUM **

David W. Creveling appeals pro se from the district court’s judgment dismissing on Eleventh Amendment grounds his action arising from the State of Washington’s seizure of a water diversion. We have jurisdiction pursuant to 28 U.S.C. § 1291 . After de novo review, Harrison v. Hickel, 6 F.3d 1347, 1352 (9th Cir.1993), we affirm.

Under the Eleventh Amendment of the United States Constitution, a State is immune from suit brought in federal court by its own citizens as well as citizens of another state. See Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100 , 104 S.Ct. 900 , 79 L.Ed.2d 67 (1984). Although a state may waive its sovereign immunity by consenting to suit in federal court, such waiver must be unequivocally expressed. See id. at 99 , 104 S.Ct. 900 . Washington’s waiver of immunity in its own courts does not waive its immunity in federal court. See McConnell v. Critchlow, 661 F.2d 116, 117 (9th Cir.1981). Because Creveling named only the State of Washington as a defendant, the district court did not err in determining that Creveling’s action is barred by the Eleventh Amendment. See Pennhurst, 465 U.S. at 100 , 104 S.Ct. 900 . This decision does not…