872 F. 2d 429 - Nemours v. State of Washington
872 F2d 429 Nemours v. State of Washington
872 F.2d 429
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Joseph K. NEMOURS, Plaintiff-Appellant,
v.
STATE OF WASHINGTON, Defendant-Appellee.
No. 88-3506.
United States Court of Appeals, Ninth Circuit.
Submitted* March 23, 1989.
Decided April 13, 1989.
Before PREGERSON, O'SCANNLAIN and TROTT, Circuit Judges.
Advertisement
MEMORANDUM**
Joseph K. Nemours appeals pro se the district court's dismissal pursuant to 28 U.S.C. Sec. 1915(d) of his civil rights action against the State of Washington. Nemours apparently contends that the State of Washington has violated his first and fourteenth amendment rights by breaching an alleged agreement it entered into with Nemours and the Civil Rights Administration, and that he requires the assistance of counsel to plead his case.
The judgment is affirmed. Nemours' conclusory and factually unsupported allegations of official participation in civil rights violations are frivolous, and hence the district court lacked subject matter jurisdiction over his complaint. See Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir.1984). Because Nemours' action does not have an arguable basis in law or fact, the district court did not err in dismissing it as frivolous without leave to amend. See 28 U.S.C. Sec. 1915(d); Pratt v. Sumner, 807 F.2d 817, 819 (9th Cir.1987); Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir.1987).
AFFIRMED.