Billy Fleshner v. Matthew Tiedt

U.S. Court of Appeals for the Eighth Circuit

Billy Fleshner v. Matthew Tiedt

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-2091 ___________________________

Billy Duane Card Fleshner

lllllllllllllllllllllPlaintiff - Appellant

v.

Kenneth Wayne Wiley

lllllllllllllllllllllDefendant

Matthew Tiedt; Kyle Shores

lllllllllllllllllllllDefendants - Appellees

Connie Sents; Dan Pickett

lllllllllllllllllllllDefendants

Dan Schaefer; James E. Dickinson

lllllllllllllllllllllDefendants - Appellees

Marks Auto Repair and Wrecker Service; Bremer County, Iowa

lllllllllllllllllllllDefendants ____________

Appeal from United States District Court for the Northern District of Iowa - Waterloo ____________ Submitted: April 3, 2020 Filed: April 10, 2020 [Unpublished] ____________

Before COLLOTON, WOLLMAN, and KELLY, Circuit Judges. ____________

PER CURIAM.

Billy Fleshner appeals the district court’s1 adverse grant of summary judgment and the adverse jury verdict in his 42 U.S.C. § 1983 action. After de novo review, construing the record in the light most favorable to Fleshner, and drawing all reasonable inferences in his favor, we conclude that summary judgment was proper for the reasons stated by the district court. See Odom v. Kaizer, 864 F.3d 920, 921 (8th Cir. 2017) (reviewing grant of summary judgment de novo; summary judgment is proper when there is no genuine issue of material fact and party is entitled to judgment as a matter of law; evidence is viewed and all reasonable inferences are drawn in nonmoving party’s favor). We further conclude that Fleshner has waived review of the jury verdict by not providing any meaningful argument on appeal, see Waters v. Madson, 921 F.3d 725, 744 (8th Cir. 2019) (issues not meaningfully argued on appeal are waived), and by failing to provide a trial transcript, see Fed. R. App. P. 10(b)(2) (if appellant intends to urge on appeal that finding is unsupported by or contrary to evidence, he must include in record a transcript of all evidence relevant to that finding). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________

1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa.

-2-

Reference

Status
Unpublished