UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6789
ROBERT CAMPBELL,
Plaintiff - Appellant,
v.
JEAN SMITH; SHAMYRA MCREA; JOHN BRITT; NEIL MCCLENDON,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Richard M. Gergel, District
Judge. (0:08-cv-03668-RMG)
Submitted: September 6, 2011 Decided: September 28, 2011
Before MOTZ, KING, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert Campbell, Appellant Pro Se. Christopher R. Antley,
DEVLIN & PARKINSON, PA, Greenville, South Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Campbell appeals the district court’s entry of
judgment for Defendants in accordance with the jury’s verdict.
Campbell brought suit alleging claims under 42 U.S.C. § 1983
(2006) and South Carolina law. On appeal, Campbell claims that
the judgment should be reversed because he was not allowed to
present certain evidence at trial, the district court committed
error with respect to certain video evidence, and the court
erred in failing to admit into evidence the prison incident
reports authored by Defendants McRea, Britt, and Smith. In his
informal appellate brief, however, Campbell fails to explain why
his inability to present certain evidence and the court’s error
with respect to the video evidence warrant reversal of the
judgment. Campbell also fails to explain how the district court
erred in failing to admit into evidence the incident reports
authored by McRea and Britt. Accordingly, we deem these issues
abandoned. See 4th Cir. R. 34(b); Wahi v. Charleston Area Med.
Ctr., Inc., 562 F.3d 599, 607 (4th Cir. 2009).
Further, an appellant has the burden of including in
the record on appeal a transcript of all parts of the proceeding
material to the issues raised on appeal. Fed. R. App. P. 10(b);
4th Cir. R. 10(b). Campbell has not provided a transcript of
the trial and fails to establish a basis to have the transcript
prepared at government expense. See 28 U.S.C. § 753(f) (2006).
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By failing to produce a transcript or to qualify for the
production of a transcript at government expense, Campbell has
waived review of the issue on appeal that depends on the
transcript to show error. Powell v. Estelle, 959 F.2d 22, 26
(5th Cir. 1992) (per curiam); 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 judgment.
We deny Campbell’s motion to appoint counsel and 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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