United States v. Newbold

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1257

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

AMY MCDOWELL NEWBOLD; JOSEPH K. NEWBOLD,

Defendants – Appellants,

COUNTRYWIDE HOME LOANS; HOMECOMINGS FINANCIAL; CHASE HOME FINANCE, LLC,

Claimants - Appellees,

and

3466 PIEDMONT ESTATES ROAD, CITY OF CLIMAX, RANDOLPH COUNTY, NORTH CAROLINA, with all appurtenances and improvements thereon, more fully described in BK 1926, PG 515, Randolph County register of deeds (registered owner Joseph K. Newbold); 4960 CECIL NORMAN ROAD, RANDLEMAN, PROVIDENCE TOWNSHIP, RANDOLPH COUNTY, NORTH CAROLINA, with all appurtenances and improvements thereon, as more fully described in BK 1397, PG 0323, Randolph County Register of deeds (registered owners Joseph K. Newbold and Amy Joe McDowell); 2010 BOULEVARD STREET, GREENSBORO, MOREHEAD TOWNSHIP, GUILFORD COUNTY, NORTH CAROLINA, with all appurtenances and improvements thereon, more fully described as tract II in book 6189, PG 0471, Guilford County register of deeds (registered owner Joseph K. Newbold); 3702 HOPE COURT, GREENSBORO, MOREHEAD TOWNSHIP, GUILFORD COUNTY, NORTH CAROLINA, with all appurtenances and improvements thereon, more fully described as tract III in BK 6189, PG 0471, Guilford County register of deeds (registered owner Joseph K. Newbold); 1803 MURRAYHILL ROAD, GREENSBORO, MOREHEAD-GILMER TOWNSHIP, GUILFORD COUNTY, NORTH CAROLINA, with all appurtenances and improvements thereon, more fully described in BK 6016, PG 1087, Guilford County register of deeds (registered owner Joseph K. Newbold); 1517 MARION STREET, GREENSBORO, MOREHEAD TOWNSHIP, GUILFORD COUNTY, NORTH CAROLINA, with all appurtenances and improvements thereon, more fully described in BK 5816, PG 1673, Guilford County register of deeds (registered owner Joseph K. Newbold); 3403 IMMANUEL ROAD, GREENSBORO, MOREHEAD TOWNSHIP, GUILFORD COUNTY, NORTH CAROLINA, with all appurtenances and improvements thereon, more fully described in BK 5798, PG 2457, Guilford County register of deeds (registered owners Joseph K. Newbold and Amy McDowell Newbold); 1959 LAKEVIEW ROAD, CITY OF ASHEBORO, RICHLAND TOWNSHIP, RANDOLPH COUNTY, NORTH CAROLINA, with all appurtenances and improvements thereon, more fully described in BK 1778, PG 1680, Randolph County register of deeds (registered owner Joseph K. Newbold); 1001 RUCKER STREET, GREENSBORO, MOREHEAD TOWNSHIP, GUILFORD COUNTY, NORTH CAROLINA, with all appurtenances and improvements thereon, more fully described in BK 5505, PG 1002, Guilford County register of deeds (registered owner Joseph K. Newbold); CURRENCY, U.S., $11,700.00; CURRENCY, U.S., $10,356.28; CURRENCY, U.S., $8,107.38; CURRENCY, U.S., $1,415.00; CURRENCY, U.S., $70.00; ALL FUNDS TO THE CREDIT OF JOSEPH NEWBOLD IN THE AMERITRADE ACCOUNT ENDING IN 8013; 2014 BOULEVARD STREET, GREENSBORO, MOREHEAD TOWNSHIP, GUILFORD COUNTY NORTH CAROLINA, with all appurtenances and improvements thereon, more fully described as tract 1 in BK 6189, PG 0471, Guilford County register of deeds (registered owner Joseph K. Newbold),

Defendants,

CITIMORTGAGE, INCORPORATED,

Claimant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas David Schroeder, District Judge. (1:05-cv-00625-TDS-PTS)

Submitted: March 30, 2010 Decided: April 2, 2010

Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

2 Amy McDowell Newbold, Joseph K. Newbold, Appellants Pro Se. John W. Stone, Jr., Assistant U.S. Attorney, Greensboro, North Carolina, James Scott Flowers, HUTCHENS, SENTER & BRITTON, Fayetteville, North Carolina, Mark Allan Baker, JOHNSON & FREEDMAN, LLC, Atlanta, Georgia, Wendy Anne Owens, LAW OFFICE OF WENDY A. OWENS, PC, Savannah, Georgia, Donald Richard Pocock, NELSON, MULLINS, RILEY & SCARBOROUGH, LLP, Winston-Salem, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

3 PER CURIAM:

Amy McDowell Newbold and Joseph K. Newbold appeal the

district court’s order denying their motions pursuant to Fed. R.

Civ. P. 60(b)(6), 65(a), 70, for a preliminary injunction,

modification of judgment, and an order to show cause for civil

contempt. We have reviewed the record and find no reversible

error. Accordingly, we affirm for the reasons stated by the

district court. United States v. Newbold, No. 1:05-cv-00625-

TDS-PTS (M.D.N.C. Feb. 2, 2009). We further deny Appellee Chase

Home Finance LLC’s motion to dismiss the appeal. We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED