Opinion
No. 08-3372.
Submitted: November 13, 2009.
Filed: December 11, 2009.
Appeal from the United States District Court for the Eastern District of Missouri.
Norman Medley, Marion, IL, for Appellant.
Theodore A. Bruce, Attorney General's Office, Jefferson City, MO, Albert M. Spradling, III, Spradling Spradling, Cape Girardeau, MO, for Appellees.
Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.
[UNPUBLISHED]
In this 42 U.S.C. § 1983 action, Norman Medley appeals the district court's adverse grant of a directed verdict on his Fourth Amendment claims. He has also moved to strike the appellees' briefs.
The Honorable Catherine D. Perry, Chief Judge, United States District Court for the Eastern District of Missouri.
Because we cannot review the merits of Medley's appeal without a trial transcript, we dismiss the appeal. See Fed.R.App.P. 10(b)(1) (discussing appellant's duty to order transcript); Schmid v. United Bhd. of Carpenters Joiners of Am., 827 F.2d 384, 385-86 (8th Cir. 1987) (per curiam) (where pro se appellant did not order trial transcript, appellate court could not review claim of judicial bias, evidentiary rulings, or sufficiency of evidence); cf. Meroney v. Delta Int'l Mach. Corp., 18 F.3d 1436, 1437 (8th Cir. 1994) (dismissing appeal when pro se party failed to order transcripts after district court denied their request to order them at government expense). In addition, we deny Medley's pending motion.