Bobby Davis v. Cheyenne Ind.

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 97-1792 ___________

Bobby Davis, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Cheyenne Industries, Inc., * [UNPUBLISHED] * Appellee. * ___________

Submitted: November 20, 1997

Filed: November 28, 1997 ___________

Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges. ___________

PER CURIAM.

Bobby Davis brought this Title VII action, alleging that his former employer, Cheyenne Industries, Inc., discharged him because of his race, African-American. Following a bench trial, the district court1 found that Davis had failed to demonstrate that Cheyenne&s proffered reason for terminating him was pretextual or that his discharge was racially motivated. Davis appeals.

1 The Honorable James Maxwell Moody, United States District Judge for the Eastern District of Arkansas. As Davis has failed to provide a transcript or to request one at government expense, we cannot review the district court&s factual findings. See Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir. 1993) (per curiam). We conclude that based on its factual findings, the district court correctly entered judgment in favor of Cheyenne. See St. Mary&s Honor Ctr. v. Hicks, 509 U.S. 502, 507-08 (1993); Harvey v. Anheuser- Busch, Inc., 38 F.3d 968, 973 (8th Cir. 1994).

The judgment is affirmed.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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