Braswell v. US Dept Agriculture

U.S. Court of Appeals for the Fifth Circuit

Braswell v. US Dept Agriculture

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-60601 Summary Calendar

RANDY BRASWELL,

Plaintiff-Appellant,

versus

UNITED STATES DEPARTMENT OF AGRICULTURE,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Mississippi (USDC No. 3:01-CV-434) _______________________________________________________ January 15, 2003

Before REAVLEY, BARKSDALE and CLEMENT, Circuit Judges.

PER CURIAM:*

Randy Braswell appeals the summary judgment entered against him in his suit to

enjoin foreclosure on a tract of real property. We agree with the district court that the

Government was entitled to summary judgment, in that Braswell failed to raise a material

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. issue of fact disputing that the Government had a valid lien on the property in issue.

Braswell failed to raise and substantiate with competent summary judgment evidence a

material issue of fact supporting his arguments that the Government’s lien is

unenforceable for lack of consideration at its inception, or because the underlying

indebtedness had been paid in full.

AFFIRMED.

2

Reference

Status
Unpublished