E. Drake v. State of New York

Case: 15-20690 Document: 00513680852 Page: 1 Date Filed: 09/16/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 15-20690
Fifth Circuit
FILED
Summary Calendar September 16, 2016
Lyle W. Cayce
E. DRAKE, Clerk
Plaintiff - Appellant
v.
STATE OF NEW YORK; GOVERNOR ANDREW M. CUOMO,
Defendants - Appellees
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CV-3124
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM:*
Eric Drake, pro se, appeals the district court’s dismissal of his lawsuit
against the State of New York and its governor, Andrew Cuomo. Drake raises
a series of claims. Even accepting Drake’s factual allegations as true, all of his
claims are implausible. Thus, the district court properly dismissed his claims.
See Century Sur. Co. v. Blevins, 799 F.3d 366, 372 (5th Cir. 2015) (“In the Fifth
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 15-20690 Document: 00513680852 Page: 2 Date Filed: 09/16/2016
No. 15-20690
Circuit, fairness requires that a litigant have the opportunity to be heard
before a claim is dismissed, except where the claim is patently frivolous.”
(emphasis added)). AFFIRMED.
2