Samuel Mayo v. Pasadena Police Department , 638 F. App'x 404 ( 2016 )

Case: 15-20498 Document: 00513422541 Page: 1 Date Filed: 03/14/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-20498 FILED
Summary Calendar March 14, 2016
Lyle W. Cayce
Clerk
SAMUEL MAYO,
Plaintiff - Appellant
v.
PASADENA POLICE DEPARTMENT; HARRIS COUNTY SHERIFF
DEPARTMENT,
Defendants - Appellees
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:12-CV-3123
Before REAVLEY, SMITH, and HAYNES, Circuit Judges.
PER CURIAM:*
Samuel Mayo seeks to revive his civil rights claims in this appeal of the
district court’s Order denying his request for relief under Federal Rule of Civil
Procedure 60(b). We have reviewed the record and briefs on appeal and affirm
the district court’s Order.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 15-20498 Document: 00513422541 Page: 2 Date Filed: 03/14/2016
No. 15-20498
Rule 60(b) provides relief from a final judgment, order or proceeding in
the event of mistake or misconduct, newly discovered evidence, fraud or other
reasons that justify relief. Fed. R. Civ. P. 60(b). Mayo argues that he was
denied such relief because the defendants and the district court committed
fraud, misrepresentation and misconduct. The evidence does not support his
contentions. Thus, the district court properly concluded that Mayo failed to
clearly and convincingly establish the existence of fraud or other misconduct
that prevented him from “fully and fairly presenting his case.” Gov’t Fin.
Servs. One Ltd. P’ship v. Peyton Place, Inc., 62 F.3d 767, 772 (5th Cir. 1995).
Accordingly, we hold that the district court did not abuse its discretion
in denying Mayo’s request for relief.
AFFIRMED.
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