Fouse v. Scott,et al , 154 F.3d 416 ( 1998 )


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  •                  IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 97-20172
    Conference Calendar
    LELAND BRADLEY FOUSE,
    Plaintiff-Appellant,
    versus
    WAYNE SCOTT, DIRECTOR,
    TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
    INSTITUTIONAL DIVISION; EARL FOX,
    Defendant-Appellees.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. H-94-CV-4216
    - - - - - - - - - -
    April 10, 1998
    Before JOLLY, JONES, and DUHÉ, Circuit Judges.
    PER CURIAM:*
    Appellant Leland Bradley Fouse, TDCJ-ID # 629726, appeals
    the district court’s judgment in favor of the defendants in his
    civil rights action brought pursuant to 42 U.S.C. § 1983.       He
    argues that the district court erroneously denied his motion to
    continue his trial.
    An appellant, even one pro se, who wishes to challenge
    findings or conclusions that are based on proceedings at a
    hearing has the responsibility to order a transcript.       Fed. R.
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    No. 97-20172
    -2-
    App. P. 10(b); Powell v. Estelle, 
    959 F.2d 22
    , 26 (5th Cir.
    1992).   This court does not consider the merits of an issue when
    an appellant fails in that responsibility.    
    Powell, 959 F.2d at 26
    .
    Fouse has not provided a trial transcript.   We thus decline
    to consider his contentions on appeal.    See Alizadeh v. Safeway
    Stores, Inc., 
    910 F.2d 234
    , 237 (5th Cir. 1990).
    Because there is no issue of arguable merit, the appeal is
    frivolous.   See Howard v. King, 
    707 F.2d 215
    , 219-20 (5th Cir.
    1983).   Therefore, it is DISMISSED.   See 5TH CIR. R. 42.2.
    

Document Info

Docket Number: 97-20172

Citation Numbers: 154 F.3d 416

Filed Date: 4/15/1998

Precedential Status: Non-Precedential

Modified Date: 12/21/2014