Earl Lee Hall, Jr. v. Tracy Taylor ( 2021 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 20-3336
    ___________________________
    Earl Lee Hall, Jr.
    lllllllllllllllllllllPlaintiff - Appellant
    v.
    Tracy Taylor, Deputy, Dub Brassell Detention Center
    lllllllllllllllllllllDefendant - Appellee
    ____________
    Appeal from United States District Court
    for the Eastern District of Arkansas - Pine Bluff
    ____________
    Submitted: March 18, 2021
    Filed: March 23, 2021
    [Unpublished]
    ____________
    Before GRUENDER, WOLLMAN, and GRASZ, Circuit Judges.
    ____________
    PER CURIAM.
    Earl Lee Hall, Jr., appeals the district court’s adverse judgment following a
    bench trial in his 
    42 U.S.C. § 1983
     action.1 Having reviewed the record, we conclude
    1
    The Honorable Beth Deere, United States Magistrate Judge for the Eastern
    District of Arkansas, to whom the case was referred for final disposition by consent
    of the parties pursuant to 
    28 U.S.C. § 636
    (c).
    the district court did not abuse its discretion in denying Hall’s motions for
    appointment of counsel, see Patterson v. Kelley, 
    902 F.3d 845
    , 849-50 (8th Cir. 2018)
    (standard of review), or in addressing Hall’s requests for discovery, see Robinson v.
    Potter, 
    453 F.3d 990
    , 994-95 (8th Cir. 2006) (standard of review). Because Hall has
    failed to provide a transcript of the trial proceedings, this court cannot meaningfully
    review his challenge to the district court’s judgment. See Fed. R. App. P. 10(b)
    (discussing the appellant’s duty to order transcripts); Van Treese v. Blome, 
    7 F.3d 729
    , 729 (8th Cir. 1993) (per curiam) (explaining that the district court’s factual
    findings or evidence presented at trial could not be reviewed without a transcript);
    Schmid v. United Bhd. of Carpenters & Joiners of Am., 
    827 F.2d 384
    , 386 (8th Cir.
    1987) (per curiam) (explaining that, without a trial transcript, this court could not rule
    on the weight of the evidence). Accordingly, the judgment of the district court is
    affirmed. See 8th Cir. R. 47B.
    ______________________________
    -2-
    

Document Info

Docket Number: 20-3336

Filed Date: 3/23/2021

Precedential Status: Non-Precedential

Modified Date: 3/23/2021