Antonio Ellis v. Ransom Evans

162 F. App'x 672

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 19, 2006
• Docket: 04-3925
• Status: Unpublished

Opinion

PER CURIAM.

Arkansas inmate Antonio Ellis appeals the district court’s 2 adverse judgment on a jury verdict in his 42 U.S.C. § 1983 action. Because Ellis did not respond to this court’s show-cause order, his motion for preparation of a trial transcript was denied, and without a trial transcript it is impossible to address Ellis’s argument on appeal that the verdict was against the weight of the evidence. See Schmid v. United Bhd. of Carpenters & Joiners of Am., 827 F.2d 384, 386 (8th Cir.1987) (per curiam), cert. denied, 484 U.S. 1071, 108 S.Ct. 1041, 98 L.Ed.2d 1004 (1988). Ellis also asserts that the jury incorrectly determined the witnesses’ credibility, but we will not second-guess a jury’s credibility determinations. See Anheuser-Busch, Inc. v. John Labatt Ltd., 89 F.3d 1339, 1346 (8th Cir.1996), cert. denied, 519 U.S. 1109, 117 S.Ct. 944, 136 L.Ed.2d 833 (1997).

Accordingly, we affirm. See 8th Cir. R. 47B.

2 . The Honorable Jerry W. Cavaneau, 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).