Opinion
No. 12-17636 D.C. No. 2:12-cv-00796-MHB
06-17-2013
ADRIENE J. SESSA, pro se, Plaintiff - Appellant, v. WILD HORSE PASS HOTEL & CASINO, a Gila River Group Enterprise, Defendant - Appellee.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Arizona
Michelle H. Burns, Magistrate Judge, Presiding
The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c).
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
Adriene J. Sessa appeals pro se from the district court's judgment dismissing her employment discrimination action for failure to prosecute. We have jurisdiction under 28 U.S.C. § 1291. We may affirm on any ground supported by the record. Van Asdale v. Int'l Game Tech., 577 F.3d 989, 994 (9th Cir. 2009). We affirm.
Dismissal of Sessa's action was proper because it was barred by tribal sovereign immunity. See Allen v. Gold Country Casino, 464 F.3d 1044, 1047 (9th Cir. 2006) (holding that tribal sovereign immunity bars an action brought against a tribal owned and operated casino).
Sessa's request to strike defendant's letter to this court, filed on April 15, 2013, and motion for appointment of counsel, filed on May 16, 2013, are denied.
AFFIRMED.