IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50392 Summary Calendar

FRANK IVY,

Plaintiff-Appellant,

versus

UNITED STATES OF AMERICA,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. A-95-CV-824 - - - - - - - - - - January 30, 1998 Before DUHE’, DeMOSS and DENNIS, Circuit Judges.

PER CURIAM:*

Frank Ivy, federal prisoner # 52524-080, appeals the

district court’s grant of summary judgment for the defendant in

this

civil action for return of seized property.

Ivy argues that the DEA should be liable for the loss of his

property; that the district court abused its discretion in not

ruling on his oral motion for return of property; and that the

district court was not limited to consideration of equitable

relief but that the district court had jurisdiction to award

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 97-50392 -2-

monetary damages pursuant to Bivens, the Administrative Procedure

Act (APA),

, and the Federal Tort Claims Act

(FTCA),

. He also argues that the district court

erred in holding that his state law remedies were adequate. We

have reviewed the record and the district court's opinion and

find no reversible error. Accordingly, we affirm for the reasons

given by the district court. Ivy v. United States, No. A-95-CA-

824-JN (W.D. Tex. Feb. 21, 1997).

AFFIRMED.