Unpublished Disposition, 886 F.2d 334 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 886 F.2d 334 (9th Cir. 1989)

Robert BURNS, Richard Bowles, Robyn Adkins, Kenneth Johnson,Robert Boswell; Class Action Lawsuit for 650Inmates in S.D.C.C., Plaintiffs-Appellants,v.Richard H. BRYAN, Governor of Nevada, Brian McKAY, AttorneyGeneral of Nevada, Swackhammer, Sect/State/Nevada, James I.Gibson, Senator/Legislature/Nevada, Louis W. Bergevin,Assembleyman/Chairman/Nevada; Donald A. Rhodes,Dir/Sect/Legislature/Nevada, George Ullom, Registrar ofVoters, Las Vegas, NV; In each of their OfficialResponsible Capacities, Defendants-Appellees.

No. 87-2996.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 11, 1989.* Decided Sept. 18, 1989.

Before CHOY, CANBY and WILLIAM A. NORRIS, Circuit Judges.


Plaintiff Robert Burns appeals the district court's dismissal of his civil rights claim. Mr. Burns, an inmate at the Southern Nevada Correctional Center, brought a suit in district court challenging Article 2, Sect. 1, of the Nevada Constitution which denies convicted felons the right to vote unless restored to civil rights. We affirm the district court. The issue raised by Mr. Burns, on behalf of himself and other inmates, has been conclusively resolved against his position by the Supreme Court in Richardson v. Ramirez, 418 U.S. 24 (1974). Burns also relies on the Voting Rights Act, 42 U.S.C. § 1971. This section does not provide support for Burn's position as it is expressly directed at " [a]ll citizens of the United States who are otherwise qualified by law to vote ...". 42 U.S.C. § 1971(a) (1) (emphasis added).

The judgment of the District Court is AFFIRMED.1 


The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3


Defendant Ullom's request for attorneys' fees is denied