U.S. Court of Appeals for the Eighth Circuit, 1997

Bobby Davis v. Cheyenne Ind.

Bobby Davis v. Cheyenne Ind.
U.S. Court of Appeals for the Eighth Circuit · Decided November 28, 1997

Bobby Davis v. Cheyenne Ind.

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 97-1792 ___________ Bobby Davis, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas.

Cheyenne Industries, Inc., * [UNPUBLISHED] * Appellee. * ___________ Submitted: November 20, 1997 Filed: November 28, 1997 ___________ Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges. ___________ PER CURIAM.

Bobby Davis brought this Title VII action, alleging that his former employer, Cheyenne Industries, Inc., discharged him because of his race, African-American.

Following a bench trial, the district court1 found that Davis had failed to demonstrate that Cheyenne&s proffered reason for terminating him was pretextual or that his discharge was racially motivated. Davis appeals.

The Honorable James Maxwell Moody, United States District Judge for the Eastern District of Arkansas.

As Davis has failed to provide a transcript or to request one at government expense, we cannot review the district court&s factual findings. See Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir. 1993) (per curiam). We conclude that based on its factual findings, the district court correctly entered judgment in favor of Cheyenne. See St. Mary&s Honor Ctr. v. Hicks, 509 U.S. 502, 507-08 (1993); Harvey v. Anheuser- Busch, Inc., 38 F.3d 968, 973 (8th Cir. 1994).

The judgment is affirmed.

A true copy.

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

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