Sandra Kay Frye v. Bae

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1924
SANDRA KAY FRYE,
Plaintiff – Appellant,
v.
BAE,
Defendant – Appellee,
and
U.S. EQUAL EMPLOYMENT COMMISSION,
Defendant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Robert G. Doumar, Senior
District Judge. (2:09-cv-00471-RGD-TEM)
Submitted: March 31, 2011 Decided: April 7, 2011
Before MOTZ, GREGORY, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Sandra Kay Frye, Appellant Pro Se. Thomas Michael Lucas,
JACKSON LEWIS, LLP, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Sandra Kay Frye appeals the district court’s judgment
following a bench trial. The record does not contain a
transcript of the trial 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). While
appellant proceeding on appeal in forma pauperis is entitled to
transcripts at government expense in certain limited
circumstances, see 28 U.S.C. § 753(f) (2006), Frye paid the
appellate filing fee and has not filed an application for in
forma pauperis status. By failing to produce a transcript or to
qualify for the production of a transcript at government
expense, Frye 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 Cnty., 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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