Simmons v. Huffman ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-6931
RONNIE L. SIMMONS, SR.,
Plaintiff - Appellant,
versus
LARRY W. HUFFMAN; DAVID K. SMITH; BOBBY W.
SOLES; BARBARA WHEELER; ICC COMMITTEE; S.
RALLS; RUFUS FLEMING; STANLEY JONES; CAPTAIN
SPEARS; CAPTAIN WOODSON; LIEUTENANT YATES;
LIEUTENANT WILSON; LIEUTENANT ELDRIDGE; E. O.
TRENT; SERGEANT TONEY; SERGEANT SMITH; SER-
GEANT PHILLIPS; SERGEANT TERRY; SERGEANT D.
STITH,
Defendants - Appellees.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. Jackson L. Kiser, Chief District
Judge. (CA-93-482-R)
Submitted: December 19, 1996 Decided: January 3, 1997
Before ERVIN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
Ronnie L. Simmons, Sr., Appellant Pro Se. Mark Ralph Davis, Jill
Theresa Bowers, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA,
Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Appellant appeals from the district court's order entering
judgment on the jury verdict in his 42 U.S.C. § 1983 (1994) action.
The record does not contain a transcript of the jury trial. Appel-
lant has the burden of including in the record on appeal a tran-
script 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 failing 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 County, 827 F.2d 952, 954 n.1 (4th Cir. 1987). We have re-
viewed 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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