Bobby Davis v. Cheyenne Ind. ( 1997 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 97-1792
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Bobby Davis, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Cheyenne Industries, Inc., * [UNPUBLISHED]
*
Appellee. *
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Submitted: November 20, 1997
Filed: November 28, 1997
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Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges.
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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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