John A. McAllister, Jr. v. Jocelyn Hunter

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1011
JOHN A. MCALLISTER, JR.,
Plaintiff - Appellee,
v.
JOCELYN HUNTER,
Defendant – Appellant,
and
C. ERIC HUNTER; PHOENIX COLVARD MOUNTAIN, LLC,
Defendants.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:07-cv-00064-RLV)
Submitted: October 25, 2010 Decided: November 17, 2010
Before GREGORY, KEENAN, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jocelyn Hunter, Appellant Pro Se. David Erik Albright, Jon
Berkelhammer, SMITH MOORE, LLP, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jocelyn Hunter appeals the jury verdict in favor of
John McAllister, Jr. The record does not contain a transcript
of the jury proceedings. An 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. R. 10(c). An appellant proceeding on
appeal in forma pauperis is entitled to transcripts at
Government expense only in certain circumstances. 28 U.S.C.
§ 753(f) (2006). By failing to produce a transcript or to
qualify for the production of a transcript at Government
expense, Hunter has waived review of the issues on appeal that
depend upon the transcript to show error. See generally Fed. R.
App. P. 10(b)(2); Keller v. Prince George’s County, 827 F.2d
952, 954 n.1 (4th Cir. 1987). As no error appears on the record
before us, we 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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