John McAllister, Jr. v. Jocelyn Hunter, No. 10-1011 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1011 JOHN A. MCALLISTER, JR., Plaintiff - Appellee, v. JOCELYN HUNTER, Defendant Appellant, and C. ERIC HUNTER; PHOENIX COLVARD MOUNTAIN, LLC, Defendants. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:07-cv-00064-RLV) Submitted: October 25, 2010 Decided: November 17, 2010 Before GREGORY, KEENAN, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Jocelyn Hunter, Appellant Pro Se. David Erik Albright, Jon Berkelhammer, SMITH MOORE, LLP, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jocelyn Hunter appeals the jury verdict in favor of John McAllister, Jr. of the jury The record does not contain a transcript 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. R. App. P. 10(b); 4th Cir. R. 10(c). appeal in forma pauperis is An appellant proceeding on entitled to transcripts Government expense only in certain circumstances. § 753(f) qualify (2006). for the By failing production to of produce a Fed. a 28 U.S.C. transcript transcript at at or to Government expense, Hunter has waived review of the issues on appeal that depend upon the transcript to show error. See generally Fed. R. App. P. 10(b)(2); 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

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