United States Court of Appeals
                           FOR THE EIGHTH CIRCUIT
                                   _____________

                                   No. 99-1059NE
                                   _____________

Donald H. Davis, Jr.,                    *
                                         *
             Appellant,                  * On Appeal from the United
                                         * States District Court
      v.                                 * for the District of
                                         * Nebraska.
Officer Frank Laskley; Officer           *
Jacque Points,                           * [Not To Be Published]
                                         *
             Appellees.                  *
                                    ___________

                           Submitted: June 6, 2000
                               Filed: June 14, 2000
                                   ___________

Before RICHARD S. ARNOLD, BOWMAN, and BEAM, Circuit Judges.
                           ___________

PER CURIAM.


       Donald H. Davis appeals the District Court’s1 denial of his Federal Rule of Civil
Procedure 59(a) motion for a new trial, which Davis had sought on grounds that the
District Court wrongly excluded certain evidence. To the extent we are able to review
Davis’s arguments on appeal without a trial transcript, see Fed. R. App. P 10(b)(1)(A)
(appellant must order transcript); 8th Cir. R. 30A(b)(5) (same); Schmid v. United Bhd.

      1
       The Honorable William G. Cambridge, Chief Judge, United States District
Court for the District of Nebraska.
of Carpenters, 

, 386 (8th Cir. 1987) (per curiam) (plaintiff’s failure to
provide complete transcript renders it impossible to review evidence presented at trial),
we conclude that no legal error resulting in a miscarriage of justice occurred at Davis’s
trial. Thus, the Court did not abuse its discretion by denying a new trial, see Gray v.
Bicknell, 

, 1480 (8th Cir. 1996) (authority to grant new trial is within
discretion of trial court).

      Accordingly, we affirm. See 8th Cir. R. 47B.

      A true copy.

             Attest:

                     CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




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