Richard Neal v. State of Arizona

FILED
NOT FOR PUBLICATION JUN 08 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RICHARD LELAND NEAL; REX CARL No. 10-15364
SAGELY,
D.C. No. 3:09-cv-08203-JAT
Plaintiffs - Appellants,
v. MEMORANDUM *
STATE OF ARIZONA; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Richard Leland Neal and Rex Carl Sagely (“plaintiffs”) appeal pro se from
the district court’s judgment dismissing their action alleging that defendants
unlawfully refused to recognize as valid for use in Arizona their purported Indian
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
tribe-issued driver’s licenses, vehicle registrations, and vehicle titles. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Rhoades v. Avon Prods.,
Inc., 504 F.3d 1151, 1156 (9th Cir. 2007). We may affirm on any ground
supported by the record, Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.
2008), and we affirm.
Dismissal of plaintiffs’ Indian tribal sovereignty and Indian Commerce
Clause claims was proper because the group whose purported rights plaintiffs are
asserting is not an Indian tribe or band. See Kahawaiolaa v. Norton, 386 F.3d
1271, 1272-74 (9th Cir. 2004) (recognizing that members of a tribe are of a same
or similar race); Navajo Tribal Utility Auth. v. Ariz. Dep’t of Revenue, 608 F.2d
1228, 1231-32 (9th Cir. 1979) (“Indian tribes or bands are separate communities of
citizens of Indian descent, possibly with a common racial origin, possessing the
power of a sovereign to regulate their internal and social relations.”); see also
Crow Tribe of Indians v. Montana, 650 F.2d 1104, 1108-10 (9th Cir. 1981)
(discussing tribal sovereignty claims), amended on denial of reh’g, 665 F.2d 1390(9th Cir. 1982). Plaintiffs’ treaty-based claims also fail. See Skokomish Indian
Tribe v. United States, 410 F.3d 506, 512, 515-16 (9th Cir. 2005) (en banc)
(addressing treaty-based claims).
Dismissal of plaintiffs’ equal protection claims was proper because their
2 10-15364
group is not situated similarly to governmental entities that issue driver licenses,
vehicle registrations, and vehicle titles. See Thornton v. City of St. Helens, 425
F.3d 1158, 1167-68 (9th Cir. 2005). Plaintiffs’ due process claims also fail. See
Miller v. Reed, 176 F.3d 1202, 1205-06 (9th Cir. 1999) (holding no constitutional
right to drive).
Plaintiffs’ remaining contentions are unpersuasive.
AFFIRMED.
3 10-15364