Giulio Molinari, Plaintiff-appellant, v. Rose Mofford, et Al, Defendant-appellee, 952 F.2d 407 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 952 F.2d 407 (9th Cir. 1991) Submitted Dec. 10, 1991. *Decided Dec. 17, 1991

Before HUG, CYNTHIA HOLCOMB HALL and O'SCANNLAIN, Circuit Judges.


MEMORANDUM** 

Giulio Molinari appeals from the district court's dismissal of his 42 U.S.C. § 1983 action. Molinari alleged that his state conviction and subsequent imprisonment are invalid because the State of Arizona failed to comply with Article 5, Section 2, of its constitution, which precluded females from holding principal state offices.

We affirm the ruling of the district court. Sua sponte dismissal of Molinari's in forma pauperis complaint prior to the issuance of process was appropriate under 28 U.S.C. § 1915(d) because no rational argument in law or fact would entitle Molinari to relief. Neitzke v. Williams, 490 U.S. 319, 322-23 (1989).

AFFIRMED.

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The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3