UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-1014

FEDERAL NATIONAL MORTGAGE ASSOCIATION,

Plaintiff - Appellee,

v.

JONATHON P. BELL,

Defendant - Appellant,

and

CG BELLKOR, LLC,

Defendant,

KYLE A. STEPHENSON,

Receiver.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. David Novak, Magistrate

Judge. (3:13-cv-00039-DJN-MHL)

Submitted: May 30, 2014 Decided: June 23, 2014

Before KEENAN and DIAZ, Circuit Judges, and DAVIS, Senior 

Circuit Judge.

Affirmed in part, dismissed in part, vacated in part, and 

remanded by unpublished per curiam opinion.
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Jonathon P. Bell, Appellant Pro Se. John David Folds, BAKER, 

DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC, Washington, DC, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:

Jonathon Bell appeals the district court’s∗ orders 

granting Federal National Mortgage Association’s motion for 

summary judgment, finding Bell personally liable for $17,959.67 

for civil contempt, and issuing a show cause order as to whether 

Bell should be held in criminal contempt. We affirm in part, 

dismiss in part, vacate in part, and remand for a recalculation 

of damages as to Bell.

This Court “review[s] the ultimate decision as to 

whether the contempt was proper for abuse of discretion, the 

underlying legal questions de novo, and any factual findings for 

clear error.” In re Under Seal, __ F.3d __, 2014 WL 1465749, at 

*6 (4th Cir. 2014) (citations omitted). To establish civil 

contempt, a movant must demonstrate by clear and convincing 

evidence: 

(1) the existence of a valid decree of which the

alleged contemnor had actual or constructive 

knowledge; (2) that the decree was in the movant’s 

favor; (3) that the alleged contemnor by its conduct 

violated the terms of the decree, and had knowledge 

(at least constructive knowledge) of such violations; 

and (4) that the movant suffered harm as a result.

Ashcraft v. Conoco, Inc., 218 F.3d 288, 301 (4th Cir. 2000)

(citation and alterations omitted). Civil contempt is an 

 ∗ The parties consented to the jurisdiction of a federal 

magistrate judge pursuant to 28 U.S.C. § 636(c).
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appropriate sanction only if the court has issued an order

“which sets forth in specific detail an unequivocal command 

which a party has violated.” In re Gen. Motors Corp., 61 F.3d 

256, 258 (4th Cir. 1995) (internal quotation marks omitted).

Our review of the record leads us to conclude that 

Bell’s transfer of $11,515.21 in funds prior to the district 

court’s entry of its injunction was not in violation of an order 

of the court. Accordingly, we vacate the portion of the court’s 

August 27 and December 11, 2013 orders related to Bell’s 

damages. We remand the matter to permit the district court to 

recalculate Bell’s liability for damages. 

Bell’s remaining arguments on appeal are without 

merit. We affirm the district court’s order granting summary 

judgment for the reasons stated by the district court. Fed.

Nat’l Mortg. Ass’n v. Bell, No. 3:13-cv-00039-DJN-MHL (E.D. Va. 

Oct. 29, 2013). In light of Bell’s guilty plea, we dismiss as 

moot Bell’s challenge to the district court’s order to show 

cause why he should not be held in criminal contempt. We grant 

Bell’s motion to proceed in forma pauperis and deny Federal 

National Mortgage Association’s motion to strike Bell’s reply 

brief. We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 
before this Court and argument would not aid the decisional 

process.

AFFIRMED IN PART;

DISMISSED IN PART;

VACATED IN PART AND REMANDED