Greg Walsh v. Specialized Loan Servicing, LLC

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2282
GREG WALSH,
Plaintiff - Appellant,
v.
SPECIALIZED LOAN SERVICING, LLC,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema,
District Judge. (1:13-cv-00986-LMB-TCB)
Submitted: March 31, 2014 Decided: April 14, 2014
Before SHEDD, KEENAN, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gregory J. Walsh, Appellant Pro Se. Aaron Drew Neal, MCNAMEE
HOSEA, JERNIGAN, KIM, GREENAN & WALKER, PA, Greenbelt, Maryland,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Greg Walsh appeals the district court’s dismissal of his
claims brought under the Fair Debt Collection Practices Act (the
“FDCPA”). The record does not contain a transcript of the
hearing on Defendant’s motion to dismiss. 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) (2006). Even if we were to grant Walsh’s
motion to proceed in forma pauperis, we conclude that he has not
made the requisite showing to qualify for preparation of the
transcript at the government’s expense. By failing to produce a
transcript or to qualify for the production of a transcript at
government expense, Walsh 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. Accordingly, we deny leave to proceed
in forma pauperis and dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
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