United States v. Waugh

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT November 24, 2017
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
No. 17-6171
ALMA L. WAUGH, (D.C. No. 5:17-CV-00394-F)
(W.D. Okla.)
Defendant - Appellant,
and
COMANCHE COUNTY TREASURER;
COMANCHE COUNTY BOARD OF
COUNTY COMMISSIONERS,
Defendants.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before HARTZ, HOLMES, and BACHARACH, Circuit Judges.
_________________________________
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument. This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral
estoppel. It may be cited, however, for its persuasive value consistent with
Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
Defendant Alma L. Waugh appeals from the foreclosure judgment entered against
her by the United States District Court for the Western District of Oklahoma. Exercising
jurisdiction under 28 U.S.C. § 1291, we affirm.
In 1993, Ms. Waugh executed a promissory note for $42,280.00 to the Farmers
Home Administration, secured by a mortgage on her home. After she failed to make
required payments, the United States brought suit to foreclose on Ms. Waugh’s note and
mortgage. It filed a motion for summary judgment supported by the note, the mortgage,
an affidavit, and an itemization of the amount due. Ms. Waugh did not respond in
opposition to the motion; and the court reviewed the record and granted the motion.
We review the district court’s grant of summary judgment de novo, viewing all
facts in the light most favorable to the nonmovant. See Fye v. Okla. Corp. Comm’n, 516
F.3d 1217, 1222–23 (10th Cir. 2008). Summary judgment is appropriate “if the movant
shows that there is no genuine issue as to any material fact and the movant is entitled to
judgment as a matter of law.” Fed. R. Civ. P. 56(a). We see no error in granting the
judgment. Ms. Waugh cites no record evidence that calls into question the validity of the
note or the mortgage, or her failure to pay what she was required to pay.
We AFFIRM the district court’s grant of summary judgment.
Entered for the Court
Harris L Hartz
Circuit Judge
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