Gorman v. Lensing
Gorman v. Lensing
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 00-30281 Conference Calendar
HERBERT C. GORMAN,
Plaintiff-Appellant,
versus
C. MARTIN LENSING; ET AL.,
Defendants,
TIM TIRCUIT, Major, also known as T. Tircuit; JEFFERY HOOPER, Captain; KENNETH PHILLIPS, Lieutenant; DUANE BERGERON, Sergeant; TONY HODGE, Sergeant,
Defendants-Appellees.
- - - - - - - - - - Appeal from the United States District Court for the Middle District of Louisiana USDC No. 96-CV-7362-B - - - - - - - - - - December 13, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Herbert C. Gorman, a Louisiana prisoner (# 128482), appeals
from the judgments entered in favor of the defendants following a
jury trial of his
42 U.S.C. § 1983action, in which he alleged
that he had been severely beaten after refusing to be shaved with
unsterilized equipment.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 00-30281 -2-
Gorman’s arguments, which concern the weight of the evidence
and the magistrate judge’s handling of the trial, depend upon
review of a trial transcript. There is no indication in the
record that Gorman has sought a copy of the transcript of the
trial from either the district court or this court. His failure
to provide a transcript prevents this court from reviewing his
arguments. See Richardson v. Henry,
902 F.2d 414, 415-16(5th
Cir. 1990). Accordingly, the appeal is DISMISSED. See id.; 5TH
CIR. R. 42.3.2.
Gorman has not briefed any arguments with respect to the
district court’s earlier granting of a summary-judgment motion
and motion to dismiss. Any such claims are thus abandoned.
See Yohey v. Collins,
985 F.2d 222, 224-25(5th Cir. 1993); FED.
R. APP. P. 28(a)(9).
APPEAL DISMISSED.
Reference
- Status
- Unpublished