Jones v. Univ. of Pittsburgh ( 1996 )

USCA1 Opinion

        February 16, 1996       [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT















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        No. 95-1665



                                        IN RE:



                                   DAVID A. JONES,

                                       Debtor.


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                                   DAVID A. JONES,

                                      Appellant,



                                          v.



                          UNIVERSITY OF PITTSBURGH, ET AL.,

                                      Appellees.

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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF NEW HAMPSHIRE



                   [Hon. Steven J. McAuliffe, U.S. District Judge]
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                                        Before

                               Torruella, Chief Judge,
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                                   Selya and Lynch,

                                   Circuit Judges.
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            David A. Jones on brief pro se.
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            Geraldine  B. Karonis, Assistant  United States  Trustee, on brief
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        for appellee James M. Lynch, United States Trustee.

            Robert E. Murphy, Jr. and Wadleigh,  Starr, Peters, Dunn &  Chiesa
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        on brief for appellee Liberty Mutual Fire Insurance Company.





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                 Per  Curiam.    Pro  se  debtor David  Jones  appeals  a
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            district  court  order  that  affirmed  a   bankruptcy  court



            decision  that dismissed  Jones'  petition for  relief  under



            Chapter  13  of  the   Bankruptcy  Code  and  five  adversary



            proceedings  filed  in  connection with  that  petition. This



            court  has thoroughly  reviewed the  record and  the parties'



            briefs on appeal.   We  conclude that the  instant appeal  is



            frivolous.   Jones has  failed to produce  the transcripts of



            the  hearing on the U.S  Trustee's motion to  dismiss and the



            hearing  on  Jones' motion  for  reconsideration.   "We  have



            repeatedly held that  we will not review a claim  of error if



            the  appellant has  failed  to include  a  transcript of  the



            pertinent  proceedings  in  the record  on  appeal."  Valedon
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            Martinez v. Hospital Presbiteriano,  806 F.2d 1128, 1135 (1st
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            Cir.  1986).   Absent  these transcripts,  we  are unable  to



            review  Jones'  claim  that  the bankruptcy  court  erred  in



            finding  that  he  was  not a  person  with  "regular" income



            entitled  to relief  under Chapter  13.   To the  extent that



            review is possibleon therecord before us,we discern noerror.1
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               1We  note that Jones  offers conflicting  explanations for
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            the  absence of the 7/6/94  transcript.  His  brief says that

            the court reporter informed his  wife that no such transcript

            exists because court was not held on that day.  A more recent

            filing  indicates  that  the  transcript was  made,  but  has

            "disappeared."   Jones offers no explanation  for the absence

            of the  10/5/94 transcript. "The responsibility  for voids in

            the appellate record must  reside with the party  whose claim

            of  error depends  for its  support upon  any portion  of the

            record  of the proceedings  below which was  omitted from the

            designation  of the record on  appeal."  In  re Abijoe Realty
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                 It further appears that the funds that were held  by the



            New  Jersey Sheriff  were disbursed  long ago.   Accordingly,



            Jones' claim that  the bankruptcy court erred  by refusing to



            order a  turn over of these  funds is moot. See  In re Public
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            Service Company of  New Hampshire, 963 F.2d  469, 471-76 (1st
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            Cir.),  cert. denied, 506 U.S. 908  (1992).  Jones' remaining
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            claims  on appeal are meritless for the reasons stated in the



            district court's opinion.



                 The   judgment  of  the   district  court  is  summarily



            affirmed.   See Local Rule  27.1.  To  the extent that Jones'
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            "Emergency  Notification of a Federal Bureau of Investigation



            Seizure of  Incriminating Documents"  seeks relief from  this



            court, it is denied.
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            Corp., 943 F.2d 121, 123  & n. 1 (1st Cir. 1991).   This rule
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            applies equally  to appellants who  designate transcripts but

            fail to ensure that said transcripts are produced.



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