Sandra Frye v. BAE, No. 10-1924 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1924 SANDRA KAY FRYE, Plaintiff Appellant, v. BAE, Defendant Appellee, and U.S. EQUAL EMPLOYMENT COMMISSION, Defendant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (2:09-cv-00471-RGD-TEM) Submitted: March 31, 2011 Decided: April 7, 2011 Before MOTZ, GREGORY, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Sandra Kay Frye, Appellant Pro Se. Thomas Michael JACKSON LEWIS, LLP, Norfolk, Virginia, for Appellee. Lucas, Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sandra Kay Frye appeals the district court s judgment following a transcript bench of the trial. trial The record proceedings. does An not contain appellant has a the burden of including in the record on appeal a transcript of all parts of the material Fed. appeal. proceedings R. 10(b); App. P. to 4th the Cir. issues R. raised 10(c). on While appellant proceeding on appeal in forma pauperis is entitled to transcripts at circumstances, see government 28 U.S.C. expense ยง 753(f) in certain (2006), Frye limited paid the appellate filing fee and has not filed an application for in forma pauperis status. qualify for the By failing to produce a transcript or to production of a transcript at government expense, Frye 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 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 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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