Russell Hamner v. USA

Filing

UNPUBLISHED OPINION FILED. [10-20311 Affirmed ] Judge: WED , Judge: JES , Judge: LHS Mandate pull date is 11/22/2010 [10-20311]

Russell Hamner v. USA

Doc. 0

Case: 10-20311

Document: 00511248789

Page: 1

Date Filed: 09/29/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
September 29, 2010 N o . 10-20311 S u m m a r y Calendar Lyle W. Cayce Clerk

R U S S E L L HAMNER, P la in t iff - Appellant v. U N IT E D STATES OF AMERICA, D e fe n d a n t - Appellee

A p p e a l from the United States District Court fo r the Southern District of Texas U S D C No. 4:09-CV-1238

B e fo r e DAVIS, SMITH, and SOUTHWICK, Circuit Judges. P E R CURIAM:* R u s s e ll Hamner filed a pro se lawsuit against the United States for v io la t i o n s of his First and Tenth Amendment rights. Hamner asserts the

g o v e r n m e n t enacted tax laws under the Federal Insurance Contributions Act a n d the Social Security Act, which by threat of imprisonment, compel "the r e lig io u s exercises of social care for the poor, needy, and helpless, and homeless." Hamner also submits that based on an allegedly uncertain reading of Article 1,

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

*

Dockets.Justia.com

Case: 10-20311

Document: 00511248789

Page: 2

Date Filed: 09/29/2010

No. 10-20311 S e c tio n 8 of the Constitution, the government "contravened into an arbitrary p o w e r via the Social [S]ecurity [A]ct; a power that is constitutionally reserved t o the Church." Hamner appeals the district court's dismissal of his suit. Largely for the r e a s o n s stated in the magistrate judge's thoroughly explained report and r e c o m m e n d a t io n , which was adopted by the district court, we AFFIRM.

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