UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-1863
TOMMIE PAGE,
Plaintiff - Appellant,
versus
RANDY LEE FENDER; FENDERS CLASSIC AUTO,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Patrick Michael Duffy, District Judge.
(CA-01-2865)
Submitted: January 16, 2003 Decided: January 22, 2003
Before WILLIAMS, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Tommie Page, Appellant Pro Se. Gordon Randall McKay, GRIER LAW
FIRM, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tommie Page appeals the district court’s order based upon a
jury verdict dismissing his civil action claiming damages from an
automobile accident. The record does not contain a transcript of
the jury trial. 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. See 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) (2000). By failing to
produce a transcript or to qualify for the production of a
transcript at government expense, Page has waived review of the
issues on appeal that depend upon the transcript to show error.
See Powell v. Estelle, 959 F.2d 22, 26 (5th Cir. 1992); 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 deny Page’s motion for appointment of counsel
and his motion to proceed in forma pauperis. 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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