McAllister v. Hunter

U.S. Court of Appeals for the Fourth Circuit
McAllister v. Hunter, 402 F. App'x 745 (4th Cir. 2010)
Gregory, Keenan, Per Curiam, Wynn

McAllister v. Hunter

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jocelyn Hunter appeals the jury verdict in favor of John McAllister, Jr. The record does not contain a transcript of the jury proceedings. An appellant has the burden of including in the record on appeal a transcript of all parts of the proceedings *746 material to the issues raised on appeal. Fed. R.App. P. 10(b); 4th Cir. R. 10(c). An appellant proceeding on appeal in for-ma pauperis is entitled to transcripts at Government expense only in certain circumstances. 28 U.S.C. § 753(f) (2006). By failing to produce a transcript or to qualify for the production of a transcript at Government expense, Hunter has waived review of the issues on appeal that depend upon the transcript to show error. See generally Fed. R.App. P. 10(b)(2); 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.

Reference

Full Case Name
John A. MCALLISTER, Jr., Plaintiff—Appellee, v. Jocelyn HUNTER, Defendant—Appellant, and C. Eric Hunter; Phoenix Colvard Mountain, LLC, Defendants
Status
Unpublished