Fouse v. Scott,et al

U.S. Court of Appeals for the Fifth Circuit April 15, 1998

Fouse v. Scott,et al, 154 F.3d 416 (5th Cir. 1998)

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-20172 Conference Calendar

LELAND BRADLEY FOUSE,

Plaintiff-Appellant,

versus

WAYNE SCOTT, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; EARL FOX,

Defendant-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-94-CV-4216 - - - - - - - - - - April 10, 1998

Before JOLLY, JONES, and DUHÉ, Circuit Judges.

PER CURIAM:*

Appellant Leland Bradley Fouse, TDCJ-ID # 629726, appeals

the district court’s judgment in favor of the defendants in his

civil rights action brought pursuant to

42 U.S.C. § 1983

. He

argues that the district court erroneously denied his motion to

continue his trial.

An appellant, even one pro se, who wishes to challenge

findings or conclusions that are based on proceedings at a

hearing has the responsibility to order a transcript. Fed. R.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 97-20172 -2-

App. P. 10(b); Powell v. Estelle,

959 F.2d 22, 26

(5th Cir.

1992). This court does not consider the merits of an issue when

an appellant fails in that responsibility. Powell,

959 F.2d at 26

Fouse has not provided a trial transcript. We thus decline

to consider his contentions on appeal. See Alizadeh v. Safeway

Stores, Inc.,

910 F.2d 234, 237

(5th Cir. 1990).

Because there is no issue of arguable merit, the appeal is