Case: 17-10670 Date Filed: 08/22/2018 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 17-10670
Non-Argument Calendar
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D.C. Docket No. 3:07-cv-01156-JBT
JAMES ALEXANDER LOGAN,
Plaintiff-Appellant,
versus
ANDREW P. SMITH,
Captain, sued in his/her individual capacity,
MICHAEL RILEY,
Sergeant, sued in his/her individual capacity,
J. L. SILCOX,
Sergeant, sued in his/her individual capacity,
W. GODWIN,
T. A. FOWLER,
Sued in his/her individual capacity, et al.,
Defendants-Appellees,
T. KENNEDY,
Sergeant, sued in his/her individual capacity, et al.,
Defendants.
Case: 17-10670 Date Filed: 08/22/2018 Page: 2 of 3
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Appeal from the United States District Court
for the Middle District of Florida
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(August 22, 2018)
Before TJOFLAT, WILSON, and JULIE CARNES, Circuit Judges.
PER CURIAM:
James Logan, a Florida state prisoner, brought a 42 U.S.C. § 1983 action
against certain correctional officers and prison staff. A jury returned a verdict in
favor of the defendants, and Logan now appeals pro se. On appeal, Logan claims
that the district court erred by excluding evidence of his other trials; denying his
motion for a new trial; and refusing to grant him a continuance prior to trial.
Because Logan has failed to provide the trial or pretrial transcripts, and because we
cannot meaningfully review his claims without them, we affirm.
Federal Rule of Appellate Procedure 10(b)(2) requires that “[i]f the appellant
intends to urge on appeal that a finding or conclusion is unsupported by the
evidence or is contrary to the evidence, the appellant must include in the record a
transcript of all evidence relevant to that finding or conclusion.” See also 11th Cir.
R. 10–1. While we construe pro se pleadings liberally, even pro se appellants are
required to provide hearing transcripts when challenging evidentiary rulings on
appeal. Loren v. Sasser, 309 F.3d 1296, 1301, 1304 (11th Cir. 2002) (per curiam).
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Case: 17-10670 Date Filed: 08/22/2018 Page: 3 of 3
When we cannot meaningfully review an issue on appeal without consulting a
hearing transcript that an appellant has failed to submit, we must affirm the district
court’s decision. Id.
On appeal, Logan has failed to file the transcripts for his pretrial hearings or
his trial proceedings, despite challenging the district court’s decisions made during
those proceedings. We cannot meaningfully review his claims without the
transcripts. Without the transcripts, we cannot determine what Logan’s arguments
in favor of admitting certain evidence were or the district court’s basis for denying
his motion. Likewise, we cannot evaluate Logan’s arguments that the jury’s
decision was against the great weight of the evidence without being able to
determine what evidence was presented. Finally, as to Logan’s argument that the
district court erred by denying his request for a continuance, the record does not
reveal when and where he requested such a continuance. Assuming he made the
request at a pretrial hearing, we are again unable to review his argument without
the transcripts. Consequently, we must affirm. Id. at 1304.
AFFIRMED.
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