Howard v. Reed, Corr Off ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7133
VIRGIL HOWARD,
Plaintiff - Appellant,
versus
CORRECTIONAL OFFICER REED, Evans Correctional
Institute,
Defendant - Appellee,
and
SUPERVISOR THOMAS, Evans Correctional Institution,
Defendant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. William B. Traxler, Jr., District
Judge. (CA-93-2161-21)
Submitted: January 9, 1997 Decided: January 23, 1997
Before HALL and MICHAEL, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Virgil Howard, Appellant Pro Se. George Conrad Derrick, BRIDGES,
ORR, DERRICK & ERVIN, Florence, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Appellant appeals the district court's order entering judgment
for Appellee in accordance with the jury's verdict. The record does
not contain a transcript of the trial. 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. Fed. R. App.
P. 10(b); 4th Cir. Local R. 10(c). Appellants proceeding on appeal
in forma pauperis are entitled to transcripts at government expense
only in certain circumstances. 28 U.S.C. § 753(f) (1994). By fail-
ing to produce a transcript or to qualify for the production of a
transcript at government expense, Appellant has waived review of
the issues on appeal which depend upon the transcript to show
error. Powell v. Estelle, 959 F.2d 22, 26 (5th Cir.), cert. denied,
506 U.S. 1025 (1992); Keller v. Prince George's Co., 827 F.2d 952,
954 n.1 (4th Cir. 1987). We have reviewed the record before the
court and the district court's opinion and find no reversible
error. We therefore 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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