Ahart v. Vickery, et al

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
December 8, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-40030
KYLE I. AHART, individually
and as Next Friend for His Minor
Child AHART,
Plaintiff-Appellant,
versus
JOE VICKERY, Individually and in his Official Capacity as Investigator
HARDIN COUNTY SHERIFF’S DEPARTMENT, ED CAIN, Individually
and in his Official Capacity as HARDIN COUNTY SHERIFF, and HARDIN
COUNTY, TEXAS,
Defendants-Appellees.
Appeal from the United States District Court for
the Eastern District of Texas
(USDC No. 1:01-CV-628)
_______________________________________________________
Before REAVLEY, DAVIS, WIENER, Circuit Judges.
PER CURIAM:*
The district court did not abuse its discretion in denying Ahart’s Rule 60(b)(3)

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motion for relief from judgment. Appellees failure to disclose Officer Vickery’s prior
conviction did not prevent Ahart from fully and fairly presenting his case. See Gov’t Fin.
Servs. One Ltd. P’ship v. Peyton Place, 62 F.3d 767, 772 (5th Cir. 1995). The conviction
was easily discoverable, and Ahart failed to respond to the Appellee’s motion for
summary judgment. AFFIRMED.

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