Peter C. Piron, Plaintiff-appellant, v. State of Washington, Defendant-appellee, 9 F.3d 1553 (9th Cir. 1993)Annotate this Case
Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges.
Peter C. Piron appeals pro se the district court's dismissal of his case against the State of Washington as barred by the Eleventh Amendment. Piron argues that Rule 4 of the Washington Superior Court Civil Rules violates the Fourteenth Amendment because the Washington rules, unlike the Federal Rules of Civil Procedure, do not allow a pro se plaintiff to serve process by mail. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Under the Eleventh Amendment, federal courts have no jurisdiction to entertain suits against a state unless that state has consented to be sued in federal court. See U.S. Const. amend. XI; Papasan v. Allain, 478 U.S. 265, 276 (1986); Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 101-02 (1984). Because Washington has not consented to being sued in federal court, see McConnell v. Critchlow, 661 F.2d 116, 117 (9th Cir. 1981), the district court properly dismissed this action for lack of jurisdiction.