Ron Grafft, Plaintiff-appellant, v. State of Arizona, Defendant-appellant, 21 F.3d 1113 (9th Cir. 1994)

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US Court of Appeals for the Ninth Circuit - 21 F.3d 1113 (9th Cir. 1994) Submitted March 28, 1994. *Decided April 25, 1994

Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges

MEMORANDUM** 

Ron Grafft appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action against the State of Arizona. We affirm. We agree with the district court that neither the state nor its Department of Public Safety are "persons" within the purview of section 1983. See Will v. Michigan Department of State Police, 491 U.S. 58, 70-71 (1989); Hale v. Arizona, 993 F.2d 1387, 1398 (9th Cir.) (en banc), cert. denied, 114 S. Ct. 386 (1993).

The state's request for sanctions pursuant to Federal Rule Appellate Procedure 38 is denied.

AFFIRMED.

 *

The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed. R. App. P. 34(a), Ninth Circuit Rule 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 Ninth Circuit Rule 36-3

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