Case: 10-20311 Document: 00511248789 Page: 1 Date Filed: 09/29/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 29, 2010
No. 10-20311 Lyle W. Cayce
Summary Calendar Clerk
RUSSELL HAMNER,
Plaintiff - Appellant
v.
UNITED STATES OF AMERICA,
Defendant - Appellee
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:09-CV-1238
Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Russell Hamner filed a pro se lawsuit against the United States for
violations of his First and Tenth Amendment rights. Hamner asserts the
government enacted tax laws under the Federal Insurance Contributions Act
and the Social Security Act, which by threat of imprisonment, compel “the
religious 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-20311 Document: 00511248789 Page: 2 Date Filed: 09/29/2010
No. 10-20311
Section 8 of the Constitution, the government “contravened into an arbitrary
power via the Social [S]ecurity [A]ct; a power that is constitutionally reserved
to the Church.”
Hamner appeals the district court’s dismissal of his suit. Largely for the
reasons stated in the magistrate judge’s thoroughly explained report and
recommendation, which was adopted by the district court, we AFFIRM.
2