Shyheim El-Mumin v. Larry Crawford, et al, No. 10-3735 (8th Cir. 2011)

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Court Description: Civil Case - civil rights. Challenge to directed verdict and judgment on the jury verdict may not be reviewed because appellant did not provide trial transcript.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-3735 ___________ C.J. Stewart; Benjamin Darden, * * Plaintiffs, * * Shyheim Deen El-Mu min, also * known as James Lenoir, * * Appellant, * * v. * Appeal from the United States * District Court for the Larry Crawford; Dave Dormire; * Western District of Missouri. A Woods; Bruce Galloway; Tom * Clements; M Ortbals; Jay Cassady; * [UNPUBLISHED] W Friesen, Sgt; - Walling, Lt; * - Ruppell; Lisa Jones; Debra Reed; * David Webster; Enloe; Branson; * MO Dept. of Corrections, * * Appellees. * ___________ Submitted: October 4, 2011 Filed: October 7, 2011 ___________ Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Missouri inmate Shyheim El-Mu min appeals the district court s1 grant of a partial directed verdict to defendants and the judgment for defendants on the jury verdict in his 42 U.S.C. § 1983 action. We cannot review these rulings, however, because El-Mu min did not provide a trial transcript and did not ask this court to prepare a transcript at government expense. See Fed. R. App. P. 10(b); Schmid v. United Bhd. of Carpenters & Joiners, 827 F.2d 384, 386 (8th Cir. 1987) (per curiam) (appellant s failure to provide transcript makes it impossible to review evidence presented at trial). Accordingly, the judgment is affirmed. ______________________________ 1 The Honorable Matt J. Whitworth, United States Magistrate Judge for the Western District of Missouri, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). -2-

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