Amber Ybarra v. AR Department of Corrections, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Raymond W. Gruender and Duane Benton (UNPUBLISHED) [4065176] [13-1212]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 13-1212
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Amber Ybarra
lllllllllllllllllllll Plaintiff - Appellant
v.
Arkansas Department of Correction; Leroy Hoots, Corporal, McPherson Unit,
ADC; Linda Dixon, Major, McPherson Unit, ADC
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Eastern District of Arkansas - Batesville
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Submitted: August 12, 2013
Filed: August 15, 2013
[Unpublished]
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Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges.
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PER CURIAM.

Appellate Case: 13-1212

Page: 1

Date Filed: 08/15/2013 Entry ID: 4065176

Amber Ybarra appeals following the district court’s1 adverse entry of judgment
on a jury verdict in her 42 U.S.C. § 1983 action. Having carefully reviewed the
parties’ submissions and the record before us on appeal, we conclude that Ybarra’s
claims are not susceptible to meaningful review because she failed to provide a
transcript of the trial proceedings. 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 challenges to evidentiary
rulings or to sufficiency of evidence). Accordingly, we affirm the judgment of the
district court. See 8th Cir. R. 47B.
______________________________

1

The Honorable James M. Moody, United States District Judge for the Eastern
District of Arkansas.
-2-

Appellate Case: 13-1212

Page: 2

Date Filed: 08/15/2013 Entry ID: 4065176