Kanazeh v. Trans Union Corp

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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