Drake, et al v. USA

Filing 920071001

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

F I L E D
September 28, 2007

No. 07-30488 Summary Calendar

Charles R. Fulbruge III Clerk

ERIC DRAKE Plaintiff - Appellant v. UNITED STATES OF AMERICA Defendant - Appellee

Appeal from the United States District Court for the Eastern District of Louisiana, New Orleans USDC No. 2:06-CV-6264

Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges. PER CURIAM:* Erik Drake appeals the district court's granting of the United States's motion to dismiss for lack of subject matter jurisdiction. The gist of Drake's suit is that, despite his prior felony conviction, the district court should restore his right to legally possess a firearm. Drake was convicted of a federal felony in 1990. His restoration of his civil rights by the governor of Louisiana does not entitle him to possess a firearm. 18 U.S.C.A. § 922(g); Beecham v. United

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

*

No. 07-30488 States, 511 U.S. 368, 114 S. Ct. 1669 (1994). An administrative procedure has been provided for relief from the firearm disability, but Drake has not sought relief. 18 U.S.C. § 925(c). The court has no jurisdiction. United States v. Bean, 537 U.S. 71, 123 S. Ct. 584 (2002). To the extent Drake makes other claims over which the court might have jurisdiction, they have no merit. AFFIRMED.

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