UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________

No. 95-20731 Summary Calendar _____________________

WILBERT VALLIER,

Plaintiff-Appellant,

versus

UNITED STATES OF AMERICA, ET AL.,

Defendants,

UNITED STATES OF AMERICA

Defendant-Appellee.

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Appeal from the United States District Court for the Southern District of Texas (CA-H-94-3646) ________________________________________________

February 27, 1996 Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM:*

Wilbert Vallier, a federal prisoner, appeals pro se the

dismissal of his civil action. The district court concluded that

Vallier's claim was not one to which the Federal Tort Claims Act's

limited waiver of sovereign immunity applied.

Pursuant to our de novo review, we hold that Vallier's claim

(that correctional officers lost one of his tennis shoes) is

encompassed by an exception to the waiver of sovereign immunity

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. under the FTCA. Section 2680, which creates several exceptions to

that waiver, includes one for damages resulting from detention of

goods by law enforcement officers. See

(c). This

exception leaves the United States' sovereign immunity intact with

regard to the claim, and thus the district court properly granted

the United States' motion to dismiss.

AFFIRMED.

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