Willie B. Byron, Jr v. PAGE TRUE, Warden, Red Onion State Prison

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7740
WILLIE B. BYRON, JR.,
Plaintiff - Appellant,
versus
PAGE TRUE, Warden, Red Onion State Prison;
LIEUTENANT ROBERTSON; SERGEANT O'QUINN; NURSE
PAYNE; A. W. O. ARMENTROUT; CAPTAIN FLEMING, 6
pm - 6 am Shift; RICHARD A. YOUNG,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Pamela Meade Sargent, Magistrate
Judge. (CA-00-713-7)
Submitted: February 14, 2002 Decided: February 26, 2002
Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Willie B. Byron, Jr., Appellant Pro Se. William W. Muse, Assistant
Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* The parties consented to the jurisdiction of a magistrate
judge under 28 U.S.C. § 636(c) (1994).
2
PER CURIAM:
Willie B. Byron, Jr., appeals a magistrate judge’s final judg-
ment denying several post-verdict motions. * We affirm. The record
does not contain a transcript of the jury trial. Byron 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 pro-
ceeding 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, Byron has
waived review of the issues on appeal which depend upon the tran-
script to show error. Powell v. Estelle, 959 F.2d 22, 26 (5th Cir.
1992); Keller v. Prince George’s Co., 827 F.2d 952, 954 n.1 (4th
Cir. 1987). We have reviewed the record before the court and find
no reversible error. We therefore affirm the magistrate judge’s
final judgment. 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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