Devin Pendleton v. Jean Finley, No. 12-3375 (8th Cir. 2013)
Annotate this CaseCourt Description: Civil Case - civil rights. Grant of dismissal following bench trial is summarily affirmed.
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3375 ___________________________ Devin Alex Phillip Pendleton lllllllllllllllllllll Plaintiff - Appellant v. Jean Finley, APN lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Western District of Arkansas - Ft. Smith ____________ Submitted: June 7, 2013 Filed: June 14, 2013 [Unpublished] ____________ Before BYE, ARNOLD, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Inmate Devin Alex Phillip Pendleton appeals the district court s1 dismissal of his 42 U.S.C. § 1983 action following a bench trial.2 Pendleton offers no valid basis for reversal, and we find none. See Fowler v. LAC Minerals (USA), LLC, 694 F.3d 930, 933 (8th Cir. 2012) (reviewing for clear error fact finding and reviewing de novo legal conclusions and mixed questions of law and fact); Richardson v. Sugg, 448 F.3d 1046, 1052 (8th Cir. 2006) (due regard must be afforded to trial court s judgment of witness credibility). The judgment of the district court is affirmed. ______________________________ 1 The Honorable James R. Marschewski, United States Magistrate Judge for the Western 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). 2 Appellee correctly notes that Pendleton did not order a trial transcript, but a recording of the bench trial was available for review. -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
