Ronnie Lee Massingille, a Mississippi prisoner (# K5760), appeals the magistrate judge’s judgment in favor of the defendants following a non-jury trial of Massingille’s 42 U.S.C. § 1983 claims. Massingille argues that the magistrate judge’s rejection of his claims was not supported by the trial evidence and testimony. He also maintains that the magistrate judge committed errors in conducting the trial. Because Massingille’s failure to provide this court with a transcript of the trial prevents this court from reviewing these *731 appellate arguments, the appeal is DISMISSED. See Fed. R.App. P. 10(b)(2); Richardson v. Henry, 902 F.2d 414, 416 (5th Cir. 1990). Massingille’s remaining claims are frivolous. His contention that the magistrate judge erred in denying his pretrial motion for summary judgment is not cognizable. See Black v. J.I. Case Co., 22 F.3d 568, 570 (5th Cir. 1994) (“this [cjourt will not review the pretrial denial of a motion for summary judgment where on the basis of a subsequent full trial on the merits final judgment is entered adverse to the movant”). He also maintains that he was deprived of his right to a jury trial, but the record reflects that he waived that right by failing to assert it. See Fed. R. Civ. P. 38(b), (d).

Massingille’s motion for appointment of counsel is DENIED.

APPEAL DISMISSED; MOTION DENIED.