United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS October 20, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-50072
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BLAS H. DELGADO, Esq.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-01-CV-788-FB
--------------------
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges
PER CURIAM:*
Blas H. Delgado appeals the district court’s grant of
summary judgment in favor of the Government in its suit to
collect on promissory notes. Delgado asserts that the district
court was precluded from granting summary judgment because he
presented sufficient evidence to show that there were genuine
issues of material fact and that a clerical error in the judgment
requires reversal. “To recover on a promissory note, the
*
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that this opinion should not be published and is not precedent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.
No. 03-50072
-2-
Government must show (1) the defendant signed it, (2) the
Government is the present owner or holder, and (3) the note is in
default.” United States v. Lawrence, 276 F.3d 193, 197 (5th Cir.
2001). The Government filed a properly supported motion for
summary judgment; thus, the burden shifted to Delgado to provide
competent summary judgment evidence setting forth specific facts
that demonstrate a genuine issue for trial. See FED. R. CIV. P.
56(e). The evidence Delgado presented to demonstrate a genuine
issue as to the amount owed was not sufficient to meet his burden
under FED. R. CIV. P. 56(e).
The clerical error in the judgment does not warrant
reversal. See FED. R. CIV. P. 60(a). In a footnote in its brief,
the Government asks for leave of this court to file a motion with
the district court to correct the clerical error pursuant to FED.
R. CIV. P. 60(a). With the issuance of this opinion, that request
is moot.
AFFIRMED.