Opinion
No. 20-55654
05-25-2021
STEVEN ERIC WALKER, Plaintiff-Appellant, v. UNITED STATES OF AMERICA; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 3:20-cv-00031-DMS-AGS MEMORANDUM Appeal from the United States District Court for the Southern District of California
Dana M. Sabraw, District Judge, Presiding Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Steven Eric Walker appeals pro se from the district court's judgment dismissing his Second Amendment challenge to federal and state firearms restrictions for persons convicted of a felony. Walker was convicted of first-degree attempted murder in California in 1990. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii). Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012). We affirm.
The district court properly dismissed Walker's action because Walker failed to allege facts sufficient to state a plausible claim. See District of Columbia v. Heller, 554 U.S. 570, 626 (2008) ("[N]othing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons[.]"); United States v. Vongxay, 594 F.3d 1111, 1117-18 (9th Cir. 2010) (the Second Amendment permits prohibitions on firearms ownership for felons).
We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.