Unpublished Disposition, 872 F.2d 429 (9th Cir. 1989)

MEMORANDUM^** 

Joseph K. Nemours appeals pro se the district court's dismissal pursuant to 28 U.S.C. § 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. § 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.