IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-51012

Summary Calendar 

CARLOS GONZALEZ, 

Plaintiff-Appellant 

v. 

UNITED STATES OF AMERICA, 

Defendant-Appellee 

Appeal from the United States District Court 

for the Western District of Texas 

USDC No. 3:14-CV-263

Before JONES, WIENER, and CLEMENT, Circuit Judges. 

PER CURIAM:*

Carlos Gonzalez, federal prisoner # 82609-179, appeals the dismissal for 

lack of subject-matter jurisdiction of his claims against the United States 

under the Federal Tort Claims Act (FTCA). Gonzalez argues that his personal 

property was mishandled, lost, or destroyed during a prison transfer as a result 

of negligence by the Government. He asserts that his goods were not detained 

and that the district court erroneously concluded that it lacked subject-matter 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

March 7, 2017

Lyle W. Cayce

Clerk

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No. 15-51012

2 

jurisdiction over the claim. Gonzalez also argues that the district court erred 

in dismissing his claims of abuse of process. He contends that the Government 

ignored its policies and procedures and obstructed the grievance procedures by 

delaying and destroying his mail. Finally, Gonzalez asserts that the prison 

commissary violates federal racketeering and antitrust laws. He contends that 

the prison commissary is a monopoly and a racket within the meaning of 

federal criminal statutes. 

We review the district court’s dismissal of an action based on exceptions 

to the FTCA de novo, accepting all of the plaintiff’s well-pleaded factual 

allegations as true. Jeanmarie v. United States, 242 F.3d 600, 602 (5th Cir. 

2001). The United States is immune from suit unless it has specifically waived 

immunity. Jeanmarie, 242 F.3d at 602. The FTCA waives the sovereign 

immunity of the United States for “claims arising out of torts committed by 

federal employees.” Ali v. Fed. Bureau of Prisons, 552 U.S. 214, 217-18 (2008). 

However, this waiver of immunity does not apply to “[a]ny claim arising 

in respect of the assessment or collection of any tax or customs duty, or the 

detention of any goods, merchandise, or other property by any officer of 

customs or excise or any other law enforcement officer.” 28 U.S.C. § 2680(c). 

Additionally, claims “arising out of the loss, miscarriage, or negligent 

transmission of letters or postal matter” are excluded from the waiver of 

sovereign immunity. 28 U.S.C. § 2680(b). Gonzalez’s claims regarding the loss 

of his property and tampering with his mail were properly dismissed for lack 

of subject-matter jurisdiction because the claims were barred by sovereign 

immunity. See § 2680(b), (c); See Ali, 552 U.S. at 218-28; Chapa v. U.S. Dep’t 

of Justice, 339 F.3d 388, 390 (5th Cir. 2003).

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Gonzalez failed to administratively exhaust his abuse of process claims. 

Thus, the district court properly dismissed these claims for lack of jurisdiction. 

See 28 U.S.C. § 2675(a); Price v. United States, 69 F.3d 46, 54 (5th Cir. 1995). 

Additionally, the Government’s waiver of sovereign immunity does not 

extend to racketeering laws. McNeily v. United States, 6 F.3d 343, 350 (5th 

Cir. 1993). Likewise, the Government is “not controlled by the antitrust laws” 

and cannot be a defendant in an antitrust action. U.S. Postal Service v. 

Flamingo Industries Ltd., 540 U.S. 736, 744-48 (2004). 

Accordingly, the judgment of the district court is AFFIRMED. 

Gonzalez’s motion for the appointment of counsel is DENIED. All other 

outstanding motions are DENIED. 

 

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