UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

SAUL BROWN, JR.,

Plaintiff - Appellant,

vs.

STATE OF UTAH,

Defendant - Appellee.

No. 98-4212

(	D.C. No. 98-CV-724-B)

(D. Utah)

ORDER AND JUDGMENT*

Before ANDERSON, KELLY, and BRISCOE, Circuit Judges.**

Mr. Brown, appearing pro se, appeals from the district court's dismissal of his civil rights complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). The suit against the State is barred by Eleventh Amendment immunity, see Seminole Tribe of Florida v. Florida, 517 U.S. 44, 58 (1996), and the claims involve matters not justiciable. The district court's order dismissing the complaint is

AFFIRMED.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge