Braswell v. US Dept Agriculture

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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