Reginald L. Dunahue v. Clarence Bass et al., No. 06-2176 (8th Cir. 2007)

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Court Description: Prisoner case - prisoner civil rights. Without a transcript, the court could not review the sufficiency-of-the-evidence claims appellant raised in the appeal, and the district court's judgment is affirmed.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-2176 ___________ Reginald L. Dunahue, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Clarence Bass, Lt., Varner Unit, ADC; * Latecia Strain, Varner Unit, ADC, * [UNPUBLISHED] * Appellee. * ___________ Submitted: June 21, 2007 Filed: July 2, 2007 ___________ Before RILEY, MAGILL, and MELLOY, Circuit Judges. ___________ PER CURIAM. In this 42 U.S.C. ยง 1983 action, Arkansas inmate Reginald Dunahue appeals the district court s1 entry of judgment in accordance with the jury verdict in favor of defendants, arguing his trial attorney presented testimony and exhibits proving that defendants treatment of him violated prison policy and the Eighth Amendment. Dunahue did not, however, provide this court with a trial transcript or request one at government expense. We therefore are unable to review the sufficiency-of-the- 1 The Honorable J. Leon Holmes, Chief Judge, United States District Court for the Eastern District of Arkansas. evidence issue he raises. See Fed. R. App. P. 10(b)(1) (discussing appellant s duty to order transcript); Meroney v. Delta Int l Mach. Corp., 18 F.3d 1436, 1437 (8th Cir. 1994); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir. 1993) (per curiam); Schmid v. United Bhd. of Carpenters & Joiners of Am., 827 F.2d 384, 385-86 (8th Cir. 1987) (per curiam). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-

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