Whether the appeal in this action lacked merit to proceed and therefore should not have been allowed to proceed

Plaintiff-Appellant below, Petitioner here is an African American citizen of the United States who resides in a state that is using law enforcement programs and activities receiving federal financial assistance to discriminate against him and other African Americans on the grounds of their race and color. Petitioner filed a complaint in the district court alleging the State is violating his rights secured by the United States Constitution. The district court dismissed the action, and the court of appeal refused to allow the appeal to proceed. Thus, the question presented by this petition is: Whether the appeal in this action lacked merit to proceed and therefore should not have been allowed to proceed.