Opinion
CR-97-00064-005-PHX-GMS
02-07-2022
United States of America, Plaintiff, v. Eric Jermaine Kimble, Defendant.
ORDER
G. Murray Snow Chief United States District Judge
Pending before the Court is Eric Jermaine Kimble's (“Defendant') Motion for Rights to be Restored (Doc. 210) and supplement (Doc. 214). For the reasons below, Defendant's Motion is denied.
Defendant asks that the Court restore his civil rights. The Court cannot do so because the “restoration of civil rights is exclusively a state procedure.” United States v. Geyler, 949 F.2d 280, 281 (9th Cir. 1991); cf. 18 U.S.C. § 921(a)(20). California has limited options for federal prisoners seeking restoration of their rights. Although the right to vote and sit on a jury are restored after the completion of a state or federal sentence, the right to possess a firearm or hold public office are not so easily achieved. There does not appear to be a state procedure for individuals with federal convictions to have these rights restored. People v. Norton, 146 Cal.Rptr. 343, 347 (App. Dep't Super Ct. 1978) (“The Legislature has not provided avenues for relief for ex-felons convicted in federal courts or in other state courts.”); see California, Restoration of Rights Project (Jan. 23, 2022), https://ccresourcecenter.org/state-restoration-profiles/california-restoration-of-rights-pardon-expungement-sealing/; Federal, Restoration of Rights Project (Nov. 8, 2021), https://ccresourcecenter.org/state-restoration-profiles/federalrestoration-of-rights-pardon-expungement-sealing/. Moreover, Defendant has not cited-and the Court has not found- any authority for a federal court to restore Defendant's civil rights. Accordingly, his motion is denied.
IT IS HEREBY ORDERED that Defendant's Motion for Rights to be Restored (Doc. 210) and supplement (Doc. 214) are DENIED.