Kanazeh v. Trans Union Corp

U.S. Court of Appeals for the Fourth Circuit

Kanazeh v. Trans Union Corp

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-1434

AFAF KANAZEH,

Plaintiff - Appellant,

versus

TRANS UNION CORPORATION,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CA-02-974-A)

Submitted: September 2, 2003 Decided: October 8, 2003

Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Afaf Kanazeh, Appellant Pro Se. Mark E. Kogan, SATZBERG, TRICHON, KOGAN & WERTHEIMER, Philadelphia, Pennsylvania, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Afaf Kanazeh appeals the district court’s order and judgment

granting summary judgment to Trans Union Corporation and dismissing

her complaint. The record does not contain a transcript of the

summary judgment proceedings. An appellant has the burden of

including in the record on appeal a transcript of all parts of the

proceedings material to the issues raised on appeal. See Fed. R.

App. P. 10(b); 4th Cir. R. 10(c). An appellant proceeding on appeal

in forma pauperis is entitled to transcripts at government expense

only in certain circumstances.

28 U.S.C. § 753

(f) (2000). By

failing to produce a transcript or to qualify for the production of

a transcript at government expense, Kanazeh has waived review of

the issues on appeal that depend upon the transcript to show error.

See Powell v. Estelle,

959 F.2d 22, 26

(5th Cir. 1992); Keller v.

Prince George’s County,

827 F.2d 952

, 954 n.1 (4th Cir. 1987). As

no error appears on the record before us, we affirm the district

court’s order. We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

before the court and argument would not aid the decisional process.

AFFIRMED

2

Reference

Status
Unpublished