Arkansas inmate Richard Alan Davis appeals the district court’s 1 dismissal of his 42 U.S.C. § 1983 action following an evi-dentiary hearing. Because Davis requested a jury trial and he alone testified at the hearing, the district court properly applied the standards announced in Johnson v. Bi-State Justice Ctr., 12 F.3d 133 (8th Cir. 1993); and upon de novo review, see *449 Johnson v. Cowell Steel Structures, Inc., 991 F.2d 474, 478 (8th Cir. 1993), we find no error in the court’s conclusion that the case was not submissible to a jury. Accordingly, we affirm. See 8th Cir. R. 47B.