Jerry Brewer v. Jonesboro Police Department, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Pasco M. Bowman and Duane Benton (UNPUBLISHED) [4406434] [15-3543]

United States Court of Appeals
For the Eighth Circuit
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No. 15-3543
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Jerry Todd Brewer
lllllllllllllllllllll Plaintiff - Appellant
v.
Jonesboro Police Department; Craighead County Jail; Jeremy Wheelis, Police
Officer, Jonesboro Police Department
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Eastern District of Arkansas - Jonesboro
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Submitted: May 27, 2016
Filed: June 2, 2016
[Unpublished]
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Before MURPHY, BOWMAN, and BENTON, Circuit Judges.
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PER CURIAM.

Appellate Case: 15-3543

Page: 1

Date Filed: 06/02/2016 Entry ID: 4406434

Jerry Todd Brewer appeals the district court’s1 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.
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1

The Honorable Brian S. Miller, Chief Judge, United States District Court for
the Eastern District of Arkansas.
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Appellate Case: 15-3543

Page: 2

Date Filed: 06/02/2016 Entry ID: 4406434