Abrams v. City of Richmond

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1803
FRANCELLA ABRAMS,
Plaintiff - Appellant,
versus
CITY OF RICHMOND,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. Robert E. Payne, District Judge.
(CA-00-806)
Submitted: November 29, 2001 Decided: December 5, 2001
Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Francella Abrams, Appellant Pro Se. Keith Allen May, CITY ATTOR-
NEY’S OFFICE, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Francella Abrams appeals the district court’s order dismissing
her civil action for the reasons stated from the bench. The record
does not contain a transcript of the hearing in which the court
stated its reasons for dismissing the action. Abrams has the bur-
den of including in the record on appeal a transcript of all parts
of the proceedings material to the issues raised on appeal. Fed.
R. App. P. 10(b); 4th Cir. Local R. 10(c). Appellants proceeding
on appeal in forma pauperis are entitled to transcripts at gov-
ernment expense only in certain circumstances. 28 U.S.C. § 753(f)
(1994). By failing to produce a transcript or to qualify for the
production of a transcript at government expense, Abrams has waived
review of the issues on appeal which depend upon the transcript to
show error. See Powell v. Estelle, 959 F.2d 22, 26 (5th Cir.
1992); Keller v. Prince George’s Co., 827 F.2d 952, 954 n.1 (4th
Cir. 1987). Accordingly, we therefore affirm the district court’s
order accepting the recommendation of the magistrate judge. We
deny Abrams’ motion to expedite and 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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