Devin Alex Phillip Pendleton v. Jean Finley, APN

United States Court of Appeals
For the Eighth Circuit
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No. 12-3375
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Devin Alex Phillip Pendleton
lllllllllllllllllllll Plaintiff - Appellant
v.
Jean Finley, APN
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Western District of Arkansas - Ft. Smith
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Submitted: June 7, 2013
Filed: June 14, 2013
[Unpublished]
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Before BYE, ARNOLD, and SHEPHERD, Circuit Judges.
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PER CURIAM.

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Inmate Devin Alex Phillip Pendleton appeals the district court’s dismissal of1
his 42 U.S.C. § 1983 action following a bench trial. Pendleton offers no valid basis2
for reversal, and we find none. See Fowler v. LAC Minerals (USA), LLC, 694 F.3d
930, 933 (8th Cir. 2012) (reviewing for clear error fact finding and reviewing de novo
legal conclusions and mixed questions of law and fact); Richardson v. Sugg, 448 F.3d
1046, 1052 (8th Cir. 2006) (due regard must be afforded to trial court’s judgment of
witness credibility). The judgment of the district court is affirmed.
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The Honorable James R. Marschewski, United States Magistrate Judge for the1
Western 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).
Appellee correctly notes that Pendleton did not order a trial transcript, but a2
recording of the bench trial was available for review.
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