IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-30578 Summary Calendar

NICOLAS ESTIVERNE,

Plaintiff-Appellant,

versus

CHARLES B. PLATTSMIER, Etc.; ET AL.,

Defendants,

HIBERNIA CORPORATION; PAULA EADY; GARY RYAN; BRIAN WORKMAN,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 00-CV-608-F - - - - - - - - - - December 6, 2001 Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Nicolas Estiverne appeals from the district court’s order

granting summary judgment dismissing his claims arising under

, 1985(3), and the district court’s order

dismissing his claims arising under

, 3407, for

failure to state a claim under Fed. R. Civ. P. 12(b)(6).

Estiverne’s motion to strike appellees’ brief is DENIED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-30578 -2-

We review the district court’s orders de novo. Gibbs v.

Grimmette,

(5th Cir. 2001) (reviewing district

court’s ruling granting summary judgment de novo); Castro Romero

v. Becken,

(5th Cir. 2001) (reviewing district

court’s ruling under Rule 12(b)(6) de novo).

Estiverne enjoys no constitutional right of privacy in his

bank records. See United States v. Miller,

(1975). Because Estiverne has failed to state a constitutional

violation, his claims under

, 1985(3), fail as a

matter of law. American Mfrs. Mut. Ins. Co. v. Sullivan,

(1999); Southard v. Texas Bd. of Criminal Justice,

, 556 n.30 (5th Cir. 1997).

Estiverne’s claims arising under

, 3407,

fail to state a claim upon which relief may be granted as the

statutes apply only to agencies or departments of the United

States. See

(3).

Because Estiverne has failed to demonstrate any reversible

error, the judgment of the district court is AFFIRMED.

AFFIRMED. MOTION DENIED.