Hopper v. Barnhart

* 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that this opinion should not be published and is not precedent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
F I L E D
October 2, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-41718
Summary Calendar
ROYAL MAYNE HOPPER, JR.,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER OF
SOCIAL SECURITY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:02-CV-542
--------------------
Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Royal Mayne Hopper, Jr., incarcerated federal prisoner
# 27844-048, appeals the district court’s affirmance of the
Social Security Commissioner’s nonpayment of his social security
retirement benefits pursuant to 42 U.S.C. § 402(x)(1). Hopper
argues that the nonpayment of his benefits violates 42 U.S.C.
§ 407(a). We disagree. The Commissioner’s nonpayment of
benefits to Hopper pursuant to 42 U.S.C. § 402(x) does not fall

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No. 02-41718
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within 42 U.S.C. § 407(a)’s anti-attachment provisions. See
Washington State Dept. of Social and Health Services v.
Guardianship Estate of Keffeler, 123 S. Ct. 1017, 1024-26 (2003).
Hopper asserts that the benefits are his property and that
the nonpayment of those benefits is a seizure and should fall
under the criminal forfeiture statutes. He fails to include his
reasons for this conclusion or citations to relevant authority.
See FED. R. APP. P. 28(a)(9)(A). Accordingly, Hopper has
abandoned this issue on appeal by failing to brief it
adequately. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir.
1993); Brinkmann v. Dallas Cty. Deputy Sheriff Abner, 813 F.2d
744, 748 (5th Cir. 1987).
AFFIRMED.

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