Billy Duane Card Fleshner v. Kenneth Wayne Wiley Defendant Matthew Tiedt; Kyle Shores

United States Court of Appeals
For the Eighth Circuit
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No. 19-2091
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Billy Duane Card Fleshner
lllllllllllllllllllllPlaintiff - Appellant
v.
Kenneth Wayne Wiley
lllllllllllllllllllllDefendant
Matthew Tiedt; Kyle Shores
lllllllllllllllllllllDefendants - Appellees
Connie Sents; Dan Pickett
lllllllllllllllllllllDefendants
Dan Schaefer; James E. Dickinson
lllllllllllllllllllllDefendants - Appellees
Marks Auto Repair and Wrecker Service; Bremer County, Iowa
lllllllllllllllllllllDefendants
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Appeal from United States District Court
for the Northern District of Iowa - Waterloo
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Submitted: April 3, 2020
Filed: April 10, 2020
[Unpublished]
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Before COLLOTON, WOLLMAN, and KELLY, Circuit Judges.
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PER CURIAM.
Billy Fleshner appeals the district court’s1 adverse grant of summary judgment
and the adverse jury verdict in his 42 U.S.C. § 1983 action. After de novo review,
construing the record in the light most favorable to Fleshner, and drawing all
reasonable inferences in his favor, we conclude that summary judgment was proper
for the reasons stated by the district court. See Odom v. Kaizer, 864 F.3d 920, 921
(8th Cir. 2017) (reviewing grant of summary judgment de novo; summary judgment
is proper when there is no genuine issue of material fact and party is entitled to
judgment as a matter of law; evidence is viewed and all reasonable inferences are
drawn in nonmoving party’s favor). We further conclude that Fleshner has waived
review of the jury verdict by not providing any meaningful argument on appeal, see
Waters v. Madson, 921 F.3d 725, 744 (8th Cir. 2019) (issues not meaningfully argued
on appeal are waived), and by failing to provide a trial transcript, see Fed. R. App. P.
10(b)(2) (if appellant intends to urge on appeal that finding is unsupported by or
contrary to evidence, he must include in record a transcript of all evidence relevant to
that finding). The judgment is affirmed. See 8th Cir. R. 47B.
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1The Honorable C.J. Williams, United States District Judge for the Northern
District of Iowa.
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