US v. Charles Louther, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion for rehearing [998847684-2], affirming decision on appeal Originating case number: 1:09-cv-00164-NCT-PTS Copies to all parties and the district court/agency. [998925129]. Mailed to: Charles E. Louther, Jr.. [11-2244]

Appeal: 11-2244

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Filed: 08/27/2012

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ON PETITION FOR REHEARING
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-2244

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
CHARLES E. LOUTHER, JR.,
Claimant – Appellant,
and
CURRENCY,
$41,939.00
19UYA42611A022790,

IN

U.S.;

2001

ACURA

CL,

VIN

Defendants,
SHAKITA LOUTHER; CAPITAL ONE AUTO FINANCE, INC.,
Claimants.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton Tilley,
Jr., Senior District Judge. (1:09-cv-00164-NCT-PTS)

Submitted:

August 21, 2012

Decided:

Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

August 27, 2012

Appeal: 11-2244

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Charles E. Louther, Jr., Appellant Pro Se.
Lynne P. Klauer,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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Appeal: 11-2244

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Filed: 08/27/2012

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PER CURIAM:
Charles E. Louther, Jr., appeals the district court’s
orders granting the United States’ motion to strike his answer
and claim to seized money for lack of standing and denying leave
to proceed in forma pauperis (“IFP”) on appeal.

We initially

affirmed the district court’s denial of IFP status and dismissed
Louther’s appeal of the court’s order granting the motion to
strike

for

lack

of

jurisdiction.

We

now

grant

Louther’s

petition for rehearing.
We

confine

Appellant’s brief.

our

review

to

the

issues

See 4th Cir. R. 34(b).

raised

in

the

Because Louther’s

informal brief does not challenge the basis for the district
court’s

denial

Turning

to

of

the

IFP

status,

district

we

court’s

affirm
order

the

court’s

granting

the

order.
United

States’ motion to strike, we have reviewed the order and find no
reversible error.

Accordingly, we affirm for the reasons stated

by the district court.

United States v. Currency, $41,939.00 in

U.S., No. 1:09-cv-00164-NCT-PTS (M.D.N.C. Sept. 6, 2011).
We dispense with oral argument because the facts and
legal
before

contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

AFFIRMED

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