Lee Richard Neumann, Petitioner-appellant, v. United States of America, Respondent-appellee, 139 F.3d 906 (9th Cir. 1998)

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US Court of Appeals for the Ninth Circuit - 139 F.3d 906 (9th Cir. 1998) Decided Feb. 23, 1998. Submitted February 9, 1998. **

Appeal from the United States District Court for the Central District of California illiam Matthew Byrne, Jr., District Judge, Presiding.

Before PREGERSON, CANBY, and LEAVY, Circuit Judges.

MEMORANDUM* 

Lee Richard Neumann appeals pro se the district court's order summarily dismissing pursuant to Rule 4 of the Rules Governing Section 2254 Cases Neumann's "Complaint for Petition for Civil Writ of Habeas Corpus." Neumann appears to claim that unidentified federal actors violated his constitutional rights by implanting a device in his ear.

The district court ruled that it lacked jurisdiction under 28 U.S .C. § 2254 because Neumann does not claim to be in custody pursuant to the judgment of a state or federal court and that it lacked jurisdiction under 28 U.S.C. § 2241(c) because Neumann is not attacking the legality or duration of confinement. The district court also declined to construe the action as a civil rights action because the only named defendant is the United States against whom a civil rights action is barred by the principles of sovereign immunity.

We affirm for the reasons set forth in the district court's order filed June 20, 1997.

AFFIRMED.

 **

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir.R. 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 9th Cir.R. 36-3

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