Owens v. O'Neill

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-2229
DARON K. OWENS,
Plaintiff - Appellant,
versus
PAUL HENRY O’NEILL,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CA-02-1306-A)
Submitted: April 30, 2004 Decided: May 24, 2004
Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Daron K. Owens, Appellant Pro Se. Rachel Celia Ballow, OFFICE OF
THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Daron K. Owens appeals the district court’s order
granting judgment for the Defendant following a bench trial on
July 22, 2003. The record does not contain a transcript of the
evidence presented at trial that day. 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, Owens 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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