See also, e.g., Subia v. Commissioner of Social Sec., 264 F.3d 899, 902 (9th Cir. 2001) (“A [federal] claim is not colorable if it clearly appears to be immaterial and made solely for the purpose of obtaining jurisdiction or . . . is wholly insubstantial or frivolous.”) (quoting Hoye v. Sullivan, 985 F.2d 990, 991-92 (9th Cir.1992)); Barnett v. Bailey, 956 F.2d 1036, 1041, 1044 (11th Cir. 1992) (dismissal of plaintiff’s Voting Rights Act claim for failure to allege discrimination was properly one based on lack of subject matter jurisdiction as the claim was “patently without merit” (citing Bell)). Plaintiff’s asserted basis for subject matter jurisdiction is meritless and pretextual.