Isaac v. Keith , 85 F. App'x 1002 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS January 28, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-51087
Summary Calendar
RAMON B. ISAAC, also known as Raymond B. Isaac,
Plaintiff-Appellant,
versus
TIMOTHY B. KEITH, Warden, ERNEST GUTIERREZ, Assistant
Warden; JOHN DOE, Bus Driver; JOHN DOE, Bus Driver # 2,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-02-CV-37
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Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Ramon B. Isaac, Texas prisoner # 692378, appeals from the
dismissal of his 42 U.S.C. § 1983 suit. He argues that the
magistrate judge erred in granting Ernest Guterrez’s motion
for summary judgment and, additionally, that the magistrate
judge abused his discretion both in denying Isaac’s FED. R. CIV.
P. 60(b) motion and in dismissing the claims against the unnamed
defendants with prejudice. We affirm.
*
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this opinion should not be published and is not precedent except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.
Isaac’s complaint did not, as he contends on appeal, allege
that Guterrez implemented an unconstitutional policy. As this
is the only basis urged for reversal of the summary judgment
dismissal, Isaac has not demonstrated an entitlement to relief.
See Skotak v. Tenneco Resins, Inc., 953 F.2d 909, 912 (5th Cir.
1992). We further hold that the magistrate judge did not abuse his
discretion in denying Isaac Rule 60(b) relief given that his
affidavit would not have produced a different result if presented
before summary judgment was awarded to Guterrez. See Goldstein v.
MCI WorldCom, 340 F.3d 238, 257 (5th Cir. 2003).
Finally, we construe the magistrate judge’s dismissal of the
unnamed defendants as one made pursuant to FED. R. CIV. P. 41(b) and
hold that there was no abuse of discretion. See Dorsey v. Scott
Wetzel Servs., 84 F.3d 170, 171 (5th Cir. 1996).
AFFIRMED.
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