Unpublished Disposition, 931 F.2d 897 (9th Cir. 1991)

MEMORANDUM^** 

Jimmy Marrine Murphy, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action as frivolous pursuant to 28 U.S.C. § 1915(d). We have jurisdiction pursuant to 28 U.S.C. § 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.