Rodriguez v. Decker

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-11150
Conference Calendar
ARTURO GONZALES RODRIGUEZ,
also known as Arturo Rodriguez Gonzales
Plaintiff-Appellant,
versus
HOWARD L. DECKER ET AL.,
Defendants,
HOWARD L. DECKER; ANGELO C. PHILLIPS
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:96-CV-155
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August 27, 1999
Before KING, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Arturo Gonzales Rodriguez, Texas prisoner # 570735,
challenges the district court’s judgment in favor of the
appellees following a bench trial on the merits of his 42 U.S.C.
§ 1983 lawsuit alleging that prison guards used excessive force
on him without provocation, that he had been issued a false
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-11150
-2-
disciplinary case to cover up the guards’ assault, and that he
had been denied adequate medical care.
This court cannot review the errors complained of without a
transcript of the bench trial which was held in the district
court. Rodriguez did not include the trial transcript in the
record on appeal, although it is his duty as an appellant to
provide a transcript of all relevant evidence to support his
appellate argument. See Fed. R. App. P. 10 (b)(2); See
Richardson v. Henry, 902 F.2d 414, 416 (5th Cir. 1990); Powell v.
Estelle, 959 F.2d 22, 26 (5th Cir. 1992). Accordingly,
Rodriguez’s appeal is DISMISSED. See 5TH CIR. R. 42.2.