Barnes v. Nettles

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30805
Conference Calendar
RICKEY BARNES,
Plaintiff-Appellant,
versus
CARLTON NETTLES, Sergeant,
Defendant-Appellee.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 97-CV-992-C
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August 21, 2002
Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:*
Rickey Barnes, a Louisiana prisoner (# 119466), appeals the
magistrate judge’s judgment dismissing all remaining claims made
in his 42 U.S.C. § 1983 complaint, following a jury trial.
Referring to the testimony of various trial witnesses, Barnes
argues that the jury’s determination that defendant Carlton
Nettles did not use excessive force against him was not supported
by the trial evidence.
The magistrate judge and this court have denied Barnes’
motion for production of a transcript of the trial at government

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No. 01-30805
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expense. Because Barnes’ failure to provide this court with a
transcript of the trial prevents this court from reviewing the
merits of his appellate arguments, the appeal is DISMISSED. See
FED. R. APP. P. 10(b)(2); Powell v. Estelle, 959 F.2d 22, 26 (5th
Cir. 1992); Richardson v. Henry, 902 F.2d 414, 416 (5th Cir.
1990); 5TH CIR. R. 42.3.2.
APPEAL DISMISSED.

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