Nery G. Ventura v. Dept. of Homeland

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-2847
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Haywood Franklin, Jr., *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Kristian Nuckles, Chief Jailer at time of * Eastern District of Arkansas.
incident, Craighead County Detention *
Center; Arlen Whitley, guard at * [UNPUBLISHED]
Craighead County Detention Center, *
originally sued as Arlene Whitley; *
Dalton Lane, officer at Craighead *
County Detention Center; Kaye Harris, *
Guard at Craighead County Detention *
Center, originally sued as Deft *
“Harrison,” *
*
Appellees. *
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Submitted: December 7, 2005
Filed: December 27, 2005
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Before BYE, McMILLIAN, and RILEY, Circuit Judges.
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PER CURIAM.

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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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Arkansas inmate Haywood Franklin, Jr., appeals the district court’s 1 adverse
judgment, following a bench trial, in his 42 U.S.C. § 1983 action. Because Franklin
has not moved for preparation of a trial transcript, it is impossible to determine
whether the “facts” he lists were supported by substantial evidence, or whether the
district court misapplied the law to the facts that were established. See Fed. R. App.
P. 10(b) (it is appellant’s duty to order transcript of portions of trial relevant to issues
raised on appeal); Schmid v. United Bhd. of Carpenters & Joiners of Am., 827 F.2d
384, 386 (8th Cir. 1987) (per curiam) (in absence of trial transcript, appellate court
cannot rule on weight of evidence), cert. denied, 484 U.S. 1071 (1988). Further, to
the extent Franklin is challenging the district court’s credibility findings, this court
gives due regard to the district court’s opportunity to judge witness credibility. See
Estate of Davis v. Delo, 115 F.3d 1388, 1394 (8th Cir. 1997). Accordingly, we affirm.
See 8th Cir. R. 47B.
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