Herbert P. Malone v. Steve Walton

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 97-4266 ___________

Herbert Phillip Malone, * * Appellant, * * v. * * Appeal from the United States Steve Walton, Infirmary * District Court for the Administrator/Manager, Arkansas * Eastern District of Arkansas. Department of Correction; PHP * Healthcare Corporation, (Originally * [UNPUBLISHED] sued as P.H.P. Medical Group), * * Appellees. * ___________

Submitted: May 6, 1999 Filed: May 11, 1999 ___________

Before WOLLMAN, Chief Judge, RICHARD S. ARNOLD, and BEAM, Circuit Judges. ___________

PER CURIAM.

Herbert P. Malone appeals the judgment of the district court1 dismissing his 42 U.S.C. § 1983 action following a bench trial. Because Malone did not provide a trial

1 The Honorable Henry L. Jones, Jr., 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). transcript, we cannot review the court’s factual findings, Malone’s claim of judicial bias, or the denial of his evidentiary motions, including his motions to call witnesses. See Fed. R. App. P. 10(b); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir. 1993) (per curiam). Based on the district court’s factual findings, we conclude the court properly rejected Malone’s medical indifference claim. See Dulany v. Carnahan, 132 F.3d 1234, 1239 (8th Cir. 1997). Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

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

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