IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-20673
Summary Calendar
CARL B. ADAMS,
Plaintiff-Appellant,
versus
UNITED STATES OF AMERICA,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-96-CV-858
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June 16, 1997
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:1
Carl B. Adams appeals the district court’s order dismissing
his complaint, brought under the Federal Tort Claims Act (FTCA) and
42 U.S.C. § 1985, alleging a conspiracy to deprive him of a
property interest in education benefits without due process.
Assuming arguendo that Adams’ complaint is not time-barred and that
it is not precluded by the doctrine of res judicata, there is no
relief for Adams under the FTCA or § 1985. His “constitutional
1
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
claim does not arise under the Act and is barred by sovereign
immunity.” McAfee v. 5th Circuit Judges, 884 F.2d 221, 223 (5th
Cir. 1989); see 28 U.S.C. § 2680(h). Adams does not assert that
the United States has waived its sovereign immunity. See
Williamson v. United States Dept. of Agriculture, 815 F.2d 368,
373-74, 376-78 (5th Cir. 1987).
Adams’ appeal is without arguable merit and thus frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous, it is DISMISSED. 5th Cir. R. 42.2. His
motion to make corrections in the reply brief, motion for leave to
file a letter containing supplemental authorities, and petition for
writ of prohibition are DENIED.