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01-2209•L. Ruther v. Prince George’s Co., 827 F.2d 952, 954 n.1 4th Cir. 1987 . We therefore affirm the…
01-2209Court of Appeals for the Fourth CircuitMar 15, 2002
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-2209
L. RUTHER,
Plaintiff - Appellant,
versus
GETTYSBURG COLLEGE,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. Gerald Bruce Lee, District Judge.
(CA-01-1034-A)
Submitted: February 22, 2002 Decided: March 15, 2002
Before WILKINS, MICHAEL, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
L. Ruther, Appellant Pro Se. Chandra Dore Lantz, HIRSCHLER,
FLEISCHER, WEINBERG, COX & ALLEN, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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2
PER CURIAM:
L. Ruther appeals the district court’s order dismissing his
civil action. The record does not contain a transcript of the
hearing on conducted on September 14, 2000. Ruther 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 failing to produce a transcript or to qualify for the production
of a transcript at government expense, Ruther has waived review of
the issues on appeal which depend upon the transcript to show
error. Keller v. Prince George’s Co., 827 F.2d 952, 954 n.1 (4th
Cir. 1987). 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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