Weissleader

MEMORANDUM **

Patricia Weissleader appeals pro se the district court’s dismissal with prejudice of her action against her former attorney, Laurence Lerner, the State Compensation Insurance Fund, the California State Employees Association, and the State of California. Weissleader alleged fraud and conspiracy among defendants during the course of workers’ compensation proceedings that took place between 1980 and 1982. We have jurisdiction under 28 U. S.C. § 1291. We review de novo dismissal for lack of subject matter jurisdiction, Botsford v. Blue Cross & Blue Shield of Montana, Inc., 314 F.3d 390, 392 (9th Cir.2002), and denial of leave to amend, Schmier v. U.S. Ct. of Appeals for the Ninth Cir., 279 F.3d 817, 824 (9th Cir. 2002). We affirm.

The district court properly dismissed Weissleader’s action for failure to state a claim and lack of subject matter jurisdiction. See Fed.R.Civ.P. 12(b). Weissleader’s 42 U.S.C. § 1983 claim failed because she did not allege facts showing that any defendant was a person acting under color of state law. See Hale v. State of Ariz., 993 F.2d 1387, 1398 (9th Cir.1993) (en banc). Her 42 U.S.C. § 1985 (3) claim failed because she did not allege…