U.S. Court of Appeals for the Eighth Circuit, 1999

Herbert Malone v. Brent Scott

U.S. Court of Appeals for the Eighth Circuit · Decided May 11, 1999

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 98-2514 ___________ Herbert Phillip Malone, * * Appellant, * * v. * Appeal from the United States * District Court for the Brent Scott, Infirmary Manager, * Eastern District of Arkansas.

Cummins Unit, Arkansas Department * of Correction; Mary Wyatt, Infirmary * [UNPUBLISHED] Records Supervisor, Cummins Unit, * Arkansas Department of Correction, * * Appellees. * ___________ Submitted: May 6, 1999 Filed: May 11, 1999 ___________ Before WOLLMAN, Chief Judge, RICHARD S. ARNOLD, and BEAM, Circuit Judges. ___________ PER CURIAM.

Herbert P. Malone appeals the judgment of the district court1 dismissing his 42 U.S.C. § 1983 action following a jury verdict in favor of defendants. Upon careful review of Malone’s brief and the record, we conclude that his arguments either are unreviewable because he did not provide a trial transcript, see Fed. R. App. P. 10(b); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir. 1993) (per curiam), or are meritless.

We also deny his motion for a remand. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

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

1 The Honorable Henry L. Jones, Jr., 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).

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