E. Drake v. State of New York, et al, No. 15-20690 (5th Cir. 2016)

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Case: 15-20690 Document: 00513680852 Page: 1 Date Filed: 09/16/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-20690 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 16, 2016 Lyle W. Cayce Clerk E. DRAKE, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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