USCA1 Opinion
February 16, 1996 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 95-1665
IN RE:
DAVID A. JONES,
Debtor.
_______________
DAVID A. JONES,
Appellant,
v.
UNIVERSITY OF PITTSBURGH, ET AL.,
Appellees.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Steven J. McAuliffe, U.S. District Judge] ___________________
____________________
Before
Torruella, Chief Judge, ___________
Selya and Lynch,
Circuit Judges. ______________
____________________
David A. Jones on brief pro se. ______________
Geraldine B. Karonis, Assistant United States Trustee, on brief _____________________
for appellee James M. Lynch, United States Trustee.
Robert E. Murphy, Jr. and Wadleigh, Starr, Peters, Dunn & Chiesa _____________________ ________________________________________
on brief for appellee Liberty Mutual Fire Insurance Company.
____________________
____________________
Per Curiam. Pro se debtor David Jones appeals a ___________ ___ __
district court order that affirmed a bankruptcy court
decision that dismissed Jones' petition for relief under
Chapter 13 of the Bankruptcy Code and five adversary
proceedings filed in connection with that petition. This
court has thoroughly reviewed the record and the parties'
briefs on appeal. We conclude that the instant appeal is
frivolous. Jones has failed to produce the transcripts of
the hearing on the U.S Trustee's motion to dismiss and the
hearing on Jones' motion for reconsideration. "We have
repeatedly held that we will not review a claim of error if
the appellant has failed to include a transcript of the
pertinent proceedings in the record on appeal." Valedon _______
Martinez v. Hospital Presbiteriano, 806 F.2d 1128, 1135 (1st ________ ______________________
Cir. 1986). Absent these transcripts, we are unable to
review Jones' claim that the bankruptcy court erred in
finding that he was not a person with "regular" income
entitled to relief under Chapter 13. To the extent that
review is possibleon therecord before us,we discern noerror.1 1
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1We note that Jones offers conflicting explanations for 1
the absence of the 7/6/94 transcript. His brief says that
the court reporter informed his wife that no such transcript
exists because court was not held on that day. A more recent
filing indicates that the transcript was made, but has
"disappeared." Jones offers no explanation for the absence
of the 10/5/94 transcript. "The responsibility for voids in
the appellate record must reside with the party whose claim
of error depends for its support upon any portion of the
record of the proceedings below which was omitted from the
designation of the record on appeal." In re Abijoe Realty ____________________
-2-
It further appears that the funds that were held by the
New Jersey Sheriff were disbursed long ago. Accordingly,
Jones' claim that the bankruptcy court erred by refusing to
order a turn over of these funds is moot. See In re Public ___ ____________
Service Company of New Hampshire, 963 F.2d 469, 471-76 (1st _________________________________
Cir.), cert. denied, 506 U.S. 908 (1992). Jones' remaining ____ ______
claims on appeal are meritless for the reasons stated in the
district court's opinion.
The judgment of the district court is summarily
affirmed. See Local Rule 27.1. To the extent that Jones' ________ ___
"Emergency Notification of a Federal Bureau of Investigation
Seizure of Incriminating Documents" seeks relief from this
court, it is denied. ______
____________________
Corp., 943 F.2d 121, 123 & n. 1 (1st Cir. 1991). This rule _____
applies equally to appellants who designate transcripts but
fail to ensure that said transcripts are produced.
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