Abdel Raouf Abdelmeged, Plaintiff-appellant, v. B-g Maintenance Management of Colorado, Inc., Defendant-appellee, 61 F.3d 915 (10th Cir. 1995)

ORDER AND JUDGMENT¹ 

BRORBY

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is therefore ordered submitted without oral argument.

Mr. Abdelmeged sued his employer under Title VII claiming he failed to receive his Sabbath (Fridays) off and that his termination was unlawful. The issues were tried to the Court who found in favor of Defendant.

We grant Mr. Abdelmeged permission to proceed in forma pauperis.

Mr. Abdelmeged appeals the judgment of the trial court pro se. Giving Mr. Abdelmeged's brief to this court the benefit of a liberal construction, it appears he raises four issues: (1) ineffective assistance of trial counsel; (2) the trial court's findings of fact were erroneous in that conflicts in the evidence were resolved against Mr. Abdelmeged; (3) Mr. Abdelmeged was denied his right to a trial by jury; and (4) the trial court refused to admit hearsay statements.

We first note Mr. Abdelmeged has failed to file a transcript of the trial. This means we are denied the ability to know what evidence was presented to the trial court. Additionally, the trial court made findings of fact and conclusions of law from the bench at the end of the trial. Because of Mr. Abdelmeged's failure to provide a transcript we are also deprived of the ability to know what the trial court found and why the trial court reached the opinion it did. Our rules provide that it is Mr. Abdelmeged's obligation to furnish this court with a trial transcript. Fed. R. App. P. 10(b) (2). As Mr. Abdelmeged failed to do this, we are unable to pass judgment upon any of the issues raised by Mr. Abdelmeged as all require a record for decision.

Additionally we note that ineffective assistance of counsel is not a valid ground for appeal in a civil case. See MacCuish v. United States, 844 F.2d 733, 735-36 (10th Cir. 1988).

The judgment of the trial court is AFFIRMED.