Unpublished Disposition, 867 F.2d 612 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 867 F.2d 612 (9th Cir. 1989)

Ruth CRAFT, as an individual and as guardian ad litem forErvin Fuller III, and Edwin Fuller, minors;Ulysses Tory, Plaintiffs-Appellants,v.STATE OF CALIFORNIA; State Banking Department Defendants-Appellees.

No. 88-5871.

United States Court of Appeals, Ninth Circuit.

Submitted*  Jan. 26, 1989.Decided Jan. 30, 1989.

Before HUG, SCHROEDER and LEAVY, Circuit Judges.


MEMORANDUM** 

Ruth Craft and Ulysses Tory appeal pro se the district court's dismissal of their civil rights action against the State of California and the State of California Banking Department. We affirm.

The eleventh amendment prohibits federal courts from entertaining suits by private parties against states and state agencies. Welch v. State Dept. of Highways, 107 S. Ct. 2941, 2945 (1987). The State of California Banking Department is a state agency. See Cal.Fin.Code Sec. 200 (West 1968 & Supp.1989). Therefore, the State of California and the State of California Banking Department are immune from suit.1 

AFFIRMED.

 *

The panel unanimously finds this case suitable for disposition without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

 1

On November 1, 1988, Ruth Craft and Ulysses Tory filed a response to the State of California's motion to file a late brief on appeal, which this court construed as a motion to strike portions of the record. So construed, the motion is DENIED