United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 26, 2004
Charles R. Fulbruge III
Clerk
No. 04-10040
Summary Calendar
MICHAYL MELLEN,
Plaintiff-Appellant,
versus
THE CONGRESS OF THE UNITED STATES OF AMERICA; THE UNITED STATES
OF AMERICA; GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES; THE
STATE OF TEXAS; ABILENE INDEPENDENT SCHOOL DISTRICT; MICHAEL
MOEHLER, Superintendent of Abilene Independent School District;
DAVID POLNICK, Superintendent of Abilene Independent School
District; THE SENATE OF THE UNITED STATES OF AMERICA,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:03-CV-183
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Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Michayl Mellon filed the instant suit to seek redress for
various acts that allegedly violated the constitutional rights of
both himself and his two minor children. The district court
dismissed Mellen’s complaint on the bases that it was frivolous and
failed to state a claim upon which relief could be granted. Mellen
appeals that decision.
*
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this opinion should not be published and is not precedent except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.
Mellen requests that we accept his brief, which does not
comply with this court’s page limitations, in its present form.
The motion is GRANTED. We note, however, that the brief is grossly
excessive in length. Mellen is WARNED that future attempts to file
egregiously excessive pleadings in this court could result in
sanctions.
Mellen argues that the district court erred in rejecting his
claims related to the constitutionality of the Pledge of
Allegiance, the use of certain symbols, and school holidays and
celebrations. Mellen has not shown that the district court erred
in dismissing his complaint. A reasonable observer would not
conclude that the disputed phrases, symbols, and actions evince
Governmental approval of religion. See Lemon v. Kurtzman, 403 U.S.
602, 612-13 (1971). Because Mellen has shown no error in the
judgment of the district court, that judgment is AFFIRMED.
MOTION GRANTED; SANCTIONS WARNING ISSUED; JUDGMENT OF DISTRICT
COURT AFFIRMED.
2