931 F. 2d 897 - Murphy v. Mofford
931 F2d 897 Murphy v. Mofford
931 F.2d 897
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Jimmy Marine MURPHY, Plaintiff-Appellant,
v.
Rose MOFFORD, Governor, Defendant-Appellee.
No. 91-15094.
United States Court of Appeals, Ninth Circuit.
Submitted April 29, 1991.*
Decided May 1, 1991.
Before CANBY, KOZINSKI and FERNANDEZ, Circuit Judges.
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MEMORANDUM**
Jimmy Marrine Murphy, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as frivolous pursuant to 28 U.S.C. Sec. 1915(d). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291, and we review de novo, Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989).
Murphy claims the State of Arizona has violated the Arizona Constitution by allowing females to hold certain state offices specifically reserved for males. As a result, he claims that the state of Arizona is acting under a "tainted cloud" and has illegally passed laws. Thus, he argues that his federal and state constitutional rights have been violated. Because Murphy's claims lack an arguable basis in law or in fact, his action properly was dismissed. See Nietzke v. Williams, 490 U.S. 319, 325 (1989).
AFFIRMED.