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Drake v. United States

United States Court of Appeals, Fifth Circuit
Sep 28, 2007
249 F. App'x 332 (5th Cir. 2007)

Opinion

No. 07-30488 Summary Calendar.

September 28, 2007.

Eric Drake, Richardson, TX, pro se.

Glenn Kenneth Schreiber, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for 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.


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 States, 511 U.S. 368, 114 S.Ct. 1669, 128 L.Ed.2d 383 (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, 154 L.Ed.2d 483 (2002). To the extent Drake makes other claims over which the court might have jurisdiction, they have no merit.

AFFIRMED.


Summaries of

Drake v. United States

United States Court of Appeals, Fifth Circuit
Sep 28, 2007
249 F. App'x 332 (5th Cir. 2007)
Case details for

Drake v. United States

Case Details

Full title:Eric DRAKE, Plaintiff-Appellant v. UNITED STATES of America…

Court:United States Court of Appeals, Fifth Circuit

Date published: Sep 28, 2007

Citations

249 F. App'x 332 (5th Cir. 2007)

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