Filed: Jun. 14, 2000
Latest Update: Mar. 02, 2020
Summary: 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 Officer Frank Laskley; Officer * Jacque Points, * [Not To Be Published] * Appellees.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
Summary: 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 Officer Frank Laskley; Officer * Jacque Points, * [Not To Be Published] * Appellees.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 5..
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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Jacque Points, * [Not To Be Published]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,
827 F.2d 384, 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,
86 F.3d 1472, 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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