Summary
indicating post-trial motions made under Fed. R. Civ. P. 59 are reviewed for an abuse of discretion
Summary of this case from Nat'l Music Museum v. JohnsonOpinion
No. 15-3543
06-02-2016
Jerry Todd Brewer Plaintiff - Appellant v. Jonesboro Police Department; Craighead County Jail; Jeremy Wheelis, Police Officer, Jonesboro Police Department Defendants - Appellees
Appeal from United States District Court for the Eastern District of Arkansas - Jonesboro [Unpublished] Before MURPHY, BOWMAN, and BENTON, Circuit Judges. PER CURIAM.
Jerry Todd Brewer appeals the district court's adverse judgment entered after a bench trial in his 42 U.S.C. § 1983 action. We conclude that Brewer's challenge to the district court's findings of fact are not susceptible to meaningful review because he failed to provide a transcript of the trial proceedings. See Fed. R. App. P. 10(b) (addressing appellant's obligations with respect to transcript); Schmid v. United Bhd. of Carpenters & Joiners of Am., 827 F.2d 384, 386 (8th Cir. 1987) (per curiam) (where pro se appellant did not order trial transcript, appellate court could not review challenges to evidentiary rulings or to sufficiency of evidence). We further conclude that the district court did not abuse its discretion in denying appointed counsel, see Phillips v. Jasper Cty. Jail, 437 F.3d 791, 794-95 (8th Cir. 2006) (standard of review), or in denying Brewer's post-trial motion, cf. Fed. R. Civ. P. 59(a)(2); Parton v. White, 203 F.3d 552, 556 (8th Cir. 2000) (per curiam) (standard of review); and that his request for a jury trial was untimely, see Fed. R. Civ. P. 38(b). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas. --------