Steven Eric Walker v. United States of America;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STEVEN ERIC WALKER,
Plaintiff-Appellant,
v.
UNITED STATES OF AMERICA; et al.,
Defendants-Appellees.
No. 20-55654
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
Submitted May 18, 2021**
Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges.
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
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAY 25 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-55654
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.

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