UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7506
LEVI SPRINGER,
Plaintiff – Appellant,
v.
OFFICER M. DEEL; SGT. COLLINS; OFFICER BRIAN HURLEY,
Defendants – Appellees,
and
SGT. SMITH; WARDEN TRACY RAY; SGT. ADAMS; OFFICER PHILLIPS;
OFFICER TALOR; SHERRY SHORTRIDGE; CAPTAIN MCCOY,
Defendants.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James P. Jones, District
Judge. (7:10-cv-00256-JPJ-RSB)
Submitted: May 31, 2012 Decided: June 6, 2012
Before KING, GREGORY, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Levi Springer, Appellant Pro Se. Mark R. Davis, Assistant
Attorney General, Lara Kate Jacobs, OFFICE OF THE ATTORNEY
GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Levi Springer appeals the jury’s verdict in favor of
the Appellees in his 42 U.S.C. § 1983 (2006) action. The record
does not contain a transcript of the jury 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). Springer has neither provided a transcript of the trial
nor moved for a transcript at government expense. See 28 U.S.C.
§ 753(f) (2006). By failing to produce a transcript or to
qualify for the production of a transcript at government
expense, Springer has waived review of the issues on appeal that
depend 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 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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