Johnnie Robinson v. Presbyterian Wound Care Center

Filing 920090921

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1043

JOHNNIE MAE ROBINSON, Plaintiff - Appellant, v. PRESBYTERIAN WOUND CARE CENTER, Defendant ­ Appellee, and JAN PICKETT, Nurse Practitioner; TAMMY HAY, MEMA Employee; WENDY GEORGE, Manager for Meridian Health Care, Defendants.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:07-cv-00021-FDW-DCK)

Submitted:

September 3, 2009

Decided:

September 21, 2009

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Johnnie Mae Robinson, Appellant Pro Se. Patrick Eaton Kelly, Kathleen Kanable Lucchesi, JOHNSTON, ALLISON & HORD, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM: Johnnie Mae Robinson appeals the jury's verdict in

favor of the Appellee on Robinson's complaint of racial and age discrimination and retaliation. find no reversible error. We have reviewed the record and

Accordingly, we affirm the judgment.

To the extent that Robinson appeals the judgment based on the proceedings the record of the jury trial a or summary judgment of those

hearing,

does

not

contain

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. 10(b); 4th Cir. R. 10(c). See Fed. R. App. P.

An appellant proceeding on appeal in

forma pauperis is entitled to transcripts at government expense only if the trial judge or a circuit judge certifies that the appeal is not frivolous but presents a substantial question. U.S.C. § 753(f) (2006). certify Robinson's 28

Here, the district court declined to We have reviewed the record

appeal.

including the affidavits, motions, and exhibits, and conclude that no error appears on the record before us and Robinson does not present a substantial question on appeal under 28 U.S.C. § 753(f). transcripts We at therefore find that she does not qualify with for oral

government

expense.

We

dispense

argument because the facts and legal contentions are adequately

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presented in the materials before the court and argument would not aid the decisional process. AFFIRMED

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