Levi Springer v. Officer Deel, No. 11-7506 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7506 LEVI SPRINGER, Plaintiff Appellant, v. OFFICER M. DEEL; SGT.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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Levi Springer appeals the jury s verdict in favor of the Appellees in his 42 U.S.C. § 1983 (2006) action. does not contain a transcript of the jury The record proceedings. An appellant has the burden of including in the record on appeal a transcript of all parts issues raised on appeal. 10(c). of the proceedings material to the See Fed. R. App. P. 10(b); 4th Cir. R. Springer has neither provided a transcript of the trial nor moved for a transcript at government expense. § 753(f) (2006). qualify for See 28 U.S.C. By failing to produce a transcript or to 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. F.2d 22, 26 (5th Cir. 1992) (per Powell v. Estelle, 959 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. facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED 3

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