Court of Appeals for the Ninth Circuit August 20, 2003, No. 02-35737 (Posenjak v. Department of Fish & Wildlife)

MEMORANDUM **

Robert Posenjak alleges that the defendants violated his rights under the Point *746Elliott Treaty, Jan. 22, 1855, 12 Stat. 927.1 Noting that a grant of summary judgment may be upheld on any basis supported by the record, Downs v. Los Angeles Unified Sch. Dist., 228 F.3d 1003, 1005 (9th Cir.2000), we affirm.

Posenjak’s claims depend on his membership in the Snoqualmoo Tribe.