**UN PUBLISHED** 

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 un published per curiam opinion

.2 Jonathon P. Bell, Appellant Pro Se. John David Folds, BAKER, DONELSON, BEARMAN, CALDWELL & B ERKOWITZ, PC, Washington, DC, for Appellee.

Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM: Jonathon Bell appeals the district court’s ∗ orders granting Federal National Mortgage Association’s motion for summary judgment,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 par t , 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 f indings 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 co nstructive 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 mo vant 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).4 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 th e portion of the court’s
August 27 and December 11, 2013 order s related to Bell’s damages . We remand the ma tter to permit the district court to

re calculate Bell’s liability fo r damages

. Bell’s remaining arguments on appeal are without
merit. We a ffirm 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 challe nge 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 ora l argument because the facts and legal contentions are adequately presented in the materialsbefore this C ourt and argument would not aid the decisional

process.

AFFIRMED IN PART ; DISMISSED IN PART; VACATED IN PART AND REMANDED