Kanazeh v. Trans Union Corp

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-1434 AFAF KANAZEH, Plaintiff - Appellant, versus TRANS UNION CORPORATION, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CA-02-974-A) Submitted: September 2, 2003 Decided: October 8, 2003 Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Afaf Kanazeh, Appellant Pro Se. Mark E. Kogan, SATZBERG, TRICHON, KOGAN & WERTHEIMER, Philadelphia, Pennsylvania, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Afaf Kanazeh appeals the district court’s order and judgment granting summary judgment to Trans Union Corporation and dismissing her complaint. The record does not contain a transcript of the summary judgment 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. 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, Kanazeh 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 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 2