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United States v. Joseph Rash, 4th Cir. (2012)
United States v. Joseph Rash, 4th Cir. (2012)
No. 11-2098
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:05-cv-00244-RLV)
Submitted:
Decided:
PER CURIAM:
Joseph W. Rash appeals from the entry of a default
judgment against him under Fed. R. Civ. P. 55(b)(1) following
his
failure
to
plead
or
otherwise
defend
the
civil
action
We affirm.
States
Marshal
to
seize,
possess,
and
sell
certain
it
is
undisputed
that
Rash
was
properly
Rash
subsequently
filed
for
bankruptcy
protection
Rashs Chapter 12
$56,204.29, *
of
and
the
Clerk
of
the
district
court
9 judgment.
Our review of the record discloses that the appeal of
the August 9 judgment is without merit.
default
judgment
calculation
of
should
the
amount
be
set
owed
on
aside
the
is
the
FSAs
erroneous.
Specifically, Rash claims that the FSA failed to deduct from the
amount owed over $40,000 in payments for which he asserts has
*
United
States v. U.S. Currency Totalling $3,817.49, 826 F.2d 785, 78788 (8th Cir. 1987).
Accordingly, we affirm the August 9 default judgment,
but we do so without prejudice to Rashs filing a motion to set
aside the judgment in the district court.
AFFIRMED